61364 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

subject to the Paperwork Reduction Act 

(PRA), which has received approval by 

OMB under control number 0625–0240. 

Notwithstanding any other provision of 

the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

Dated: October 18, 2005. 

James C. Leonard III, 

Deputy Assistant Secretary for Textiles and 

Apparel. 

PART 335—IMPORTS OF WORSTED 

WOOL FABRICS AND PART 340—

MODIFICATION OF THE TARIFF RATE 

QUOTA LIMITATION ON WORSTED 

WOOL FABRIC IMPORTS 

■ Accordingly, the interim rule that 

amends 15 CFR part 335 and removes 

15 CFR part 340, which was published 

at 70 FR 25774 on May 16, 2005, is 

adopted as final rule without change. 

[FR Doc. 05–21215 Filed 10–21–05; 8:45 am] 

BILLING CODE 3510–DS–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Regulations Nos. 4 and 16] 

RIN 0960–AG23 

Deemed Duration of Marriage for 

Widows/Widowers and Removal of 

Restriction on Benefits to Children of 

Military Parents Overseas 

AGENCY: Social Security Administration. 

ACTION: Final rules. 

SUMMARY: We are issuing these final 

rules to reflect in our regulations 

changes to the Social Security Act (the 

Act) made by two provisions in the 

Social Security Protection Act of 2004 

(SSPA), enacted on March 2, 2004. One 

provision added a new situation in 

which the 9-month duration-of-marriage 

requirement for surviving spouses under 

title II of the Act is deemed to have been 

met. The other provision removed a 

restriction against payment of 

Supplemental Security Income (SSI) 

benefits, under title XVI of the Act, to 

certain blind or disabled children who 

were not eligible for SSI benefits the 

month before their military parents 

reported for duty outside the United 

States. 

DATES: These regulations are effective 

October 24, 2005. 

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. It is 

also available on the Internet site for 

SSA (i.e., Social Security Online) at 

http://policy.ssa.gov/pnpublic.nsf/ 

LawsRegs. 

FOR FURTHER INFORMATION CONTACT: 

Richard Bresnick, Social Insurance 

Specialist, Office of Regulations, Social 

Security Administration, 100 Altmeyer 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, (410) 965–

1758 or TTY (410) 966–5609. 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 site, 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Prior to enactment of section 414 of 

the SSPA, Public Law 108–203, if an 

applicant for surviving spouse’s benefits 

did not meet the 9-month duration-ofmarriage requirement or alternative 

requirements, the 9-month requirement 

would be deemed to be met if: 

• The insured’s death was accidental; 

• The insured’s death occurred in the 

line of duty while he or she was a 

member of a uniformed service on 

active duty; or 

• The surviving spouse was 

previously married to the insured for at 

least 9 months, the previous marriage 

ended in divorce, and the surviving 

spouse had remarried the insured prior 

to the insured’s death. 

Section 414 of the SSPA amended 

sections 216(c) and (g) of the Act to add 

a new situation in which the 9-month 

duration-of-marriage requirement is 

deemed met. The requirement will be 

deemed met if: 

• The insured had been married prior 

to the marriage to the surviving spouse; 

• The prior spouse was 

institutionalized during the marriage to 

the insured, due to mental 

incompetence or similar incapacity; 

• We determine, based on satisfactory 

evidence, that during this 

institutionalization the insured would 

have divorced the prior spouse and 

married the surviving spouse but the 

divorce would have been unlawful in 

the State of the insured’s domicile 

because of the institutionalization; 

• The prior spouse remained 

institutionalized up until the time of his 

or her death; and 

• The insured married the surviving 

spouse within 60 days after the prior 

spouse’s death. 

Prior to enactment of section 434 of 

the SSPA, section 1614(a)(1)(B)(ii) of the 

Act included within the definition of a 

blind or disabled individual, for 

purposes of SSI eligibility and payment 

under title XVI, a blind or disabled 

child who lived outside the United 

States if the child: 

• Was a citizen of the United States; 

• Was living with a parent and that 

parent was a member of the Armed 

Forces of the United States assigned to 

permanent duty ashore outside the 

United States; and 

• Was eligible for an SSI benefit for 

the month before the parent reported for 

such assignment. 

Section 434 of the SSPA amended 

section 1614(a)(1)(B)(ii) by eliminating 

the requirement that the child must 

have been eligible for an SSI benefit for 

the month before the parent reported for 

the military assignment. 

Explanation of Changes 

We are revising § 404.335 to extend 

title II benefits to a surviving spouse 

who would have met the duration-ofmarriage requirement to the insured, 

except that as determined based on 

evidence satisfactory to the Agency, it 

was unlawful under State law for the 

insured to divorce the prior spouse by 

reason of the prior spouse’s 

institutionalization because of mental 

incompetence or similar incapacity. The 

prior spouse must have been 

institutionalized during the marriage to 

the insured and remained 

institutionalized until the time of his or 

her death, and the insured must have 

married the surviving spouse within 60 

days after the prior spouse’s death. We 

also are revising the last sentence of 

§ 404.357 to update the reference to the 

revised paragraphs in § 404.335 and 

clarify that this new situation where the 

duration-of-marriage requirement is 

deemed to have been met does not 

apply to stepchildren. 

We are revising § 416.216 by 

amending paragraph (a) to include a 

definition of the regulatory term 

‘‘overseas.’’ The amended paragraph (a) 

clarifies that by overseas we mean 

‘‘outside the United States.’’ We are 

revising paragraph (a)(3) to substitute 

the newly defined term ‘‘overseas’’ for 

‘‘outside the United States.’’ The 

relevant statutory section uses the term 

‘‘outside the United States.’’ The 

regulation already uses ‘‘overseas’’

several times but text we are removing 

from the section includes the term 

‘‘outside the United States.’’ We are 

removing paragraph (a)(4), which 

Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 61365 

contains the requirement that a blind or 

disabled child who is a United States 

citizen, living with a parent who is a 

member of the U.S. Armed Forces 

assigned to permanent duty ashore 

outside the U.S., must have been 

eligible for an SSI benefit for the month 

before the parent reported for the 

assignment, in order to be eligible for a 

payment of SSI benefits while outside 

the U.S. 

Regulatory Procedures 

Pursuant to sections 205(a), 702(a)(5) 

and 1631(d)(1) of the Act, 42 U.S.C. 

405(a), 902(a)(5) and 1383(d)(1), we 

follow the Administrative Procedure 

Act (APA) rulemaking procedures 

specified in 5 U.S.C. 553 in the 

promulgation of our regulations. The 

APA provides exceptions to its prior 

notice and public comments 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 these rules, we have 

determined that, under 5 U.S.C. 

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

dispensing with the notice and public 

comment procedures. Good cause exists 

because these regulations merely revise 

our rules on title II widows/widowers 

benefits and title XVI blind or disabled 

children’s benefits to reflect, without 

exercise of discretion, the provisions in 

sections 414 and 434 of the SSPA that 

we have been following operationally 

since enactment of the provisions on 

March 2, 2004. Therefore, opportunity 

for prior comment is unnecessary, and 

we are issuing these regulations as final 

rules. 

In addition, we find good cause for 

dispensing with the 30-day delay in the 

effective date of a substantive rule, 

provided for by 5 U.S.C. 553(d). As 

explained above, we are revising our 

rules on title II benefits for widows/ 

widowers and title XVI benefits for 

blind or disabled children to reflect 

current law. Without these changes, our 

rules will not reflect current law and 

thus may mislead the public. Therefore, 

we find that it is in the public interest 

to make these rules effective upon 

publication. 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that these final rules meet 

the criteria for a significant regulatory 

action under Executive Order 12866, as 

amended by Executive Order 13258. 

Thus, they were subject to OMB review. 

We have also determined that these 

rules meet the plain language 

requirement of Executive Order 12866, 

as amended by Executive Order 13258. 

Regulatory Flexibility Act 

We certify that these final regulations 

will not have a significant economic 

impact on a substantial number of small 

entities. Therefore, a regulatory 

flexibility analysis as provided in the 

Regulatory Flexibility Act, as amended, 

is not required. 

Paperwork Reduction Act 

These final regulations will impose no 

additional reporting or record keeping 

requirements requiring OMB clearances. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.002, Social SecurityRetirement Insurance; 96.004, Social 

Security-Survivors Insurance; and 96.006, 

Supplemental Security Income) 

List of Subjects 

20 CFR Part 404 

Administrative practice and 

procedure, Blind, Disability benefits, 

Old-Age, Survivors and Disability 

Insurance; Reporting and recordkeeping 

requirements, Social Security. 

20 CFR Part 416 

Administrative practice and 

procedure, Aged, Blind, Disability 

benefits, Public assistance programs; 

Reporting and recordkeeping 

requirements, Supplemental Security 

Income (SSI). 

Dated: July 25, 2005. 

Jo Anne B. Barnhart, 

Commissioner of Social Security. 

■ For the reasons set out in the 

preamble, we amend subpart D of part 

404 and subpart B of part 416 of chapter 

III of title 20 of the Code of Federal 

Regulations as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart D—[Amended] 

■ 1. The authority citation for subpart D 

of part 404 is revised to read as follows: 

Authority: Secs. 202, 203(a) and (b), 205(a), 

216, 223, 225, 228(a)–(e), and 702(a)(5) of the 

Social Security Act (42 U.S.C. 402, 403(a) 

and (b), 405(a), 416, 423, 425, 428(a)–(e), and 

902(a)(5)). 

■ 2. Amend § 404.335 by revising 

paragraph (a)(2) to read as follows: 

§ 404.335 How do I become entitled to 

widow’s or widower’s benefits? 

* * * * * 

(a) * * * 

(2) Your relationship to the insured as 

a wife or husband did not last 9 months 

before the insured died, but you meet 

one of the conditions in paragraphs 

(a)(2)(i) through (iv) of this section. 

(i) At the time of your marriage the 

insured was reasonably expected to live 

for 9 months, and the death of the 

insured was accidental. The death is 

accidental if it was caused by an event 

that the insured did not expect, if it was 

the result of bodily injuries received 

from violent and external causes, and if, 

as a direct result of these injuries, death 

occurred not later than 3 months after 

the day on which the bodily injuries 

were received. An intentional and 

voluntary suicide will not be considered 

an accidental death. 

(ii) At the time of your marriage the 

insured was reasonably expected to live 

for 9 months, and the death of the 

insured occurred in the line of duty 

while he or she was serving on active 

duty as a member of the uniformed 

services as defined in § 404.1019. 

(iii) At the time of your marriage the 

insured was reasonably expected to live 

for 9 months, and you had been 

previously married to the insured for at 

least 9 months. 

(iv) The insured had been married 

prior to his or her marriage to you and 

the prior spouse was institutionalized 

during the marriage to the insured due 

to mental incompetence or similar 

incapacity. During the period of the 

prior spouse’s institutionalization, the 

insured, as determined based on 

evidence satisfactory to the Agency, 

would have divorced the prior spouse 

and married you, but the insured did 

not do so because the divorce would 

have been unlawful, by reason of the 

institutionalization, under the laws of 

the State in which the insured was 

domiciled at the time. Additionally, the 

prior spouse must have remained 

institutionalized up to the time of his or 

her death and the insured must have 

married you within 60 days after the 

prior spouse’s death. 

* * * * * 

■ 3. Amend § 404.357 by revising the 

last sentence to read as follows: 

§ 404.357 Who is the insured’s stepchild. 

* * * This 9-month requirement will 

not have to be met if the marriage 

between the insured and your parent 

lasted less than 9 months under one of 

the conditions described in 

§ 404.335(a)(2)(i)–(iii). 

61366 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart B—[Amended] 

■ 4. The authority citation for subpart B 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1110(b), 1602, 

1611, 1614, 1619(a), 1631, and 1634 of the 

Social Security Act (42 U.S.C. 902(a)(5), 

1310(b), 1381a, 1382, 1382c, 1382h(a), 1383, 

and 1383c); secs. 211 and 212, Pub. L. 93–

66, 87 Stat. 154 and 155 (42 U.S.C. 1382 

note); sec. 502(a), Pub. L. 94–241, 90 Stat. 

268 (48 U.S.C. 1681 note); sec. 2, Pub. L. 99–

643, 100 Stat. 3574 (42 U.S.C. 1382h note). 

■ 5. Amend § 416.216 by revising 

paragraph (a) to read as follows: 

§ 416.216 You are a child of armed forces 

personnel living overseas. 

(a) General Rule. For purposes of this 

part, overseas means any location 

outside the United States as defined in 

§ 416.215; i.e., the 50 States, the District 

of Columbia and the Northern Mariana 

Islands. You may be eligible for SSI 

benefits if you live overseas and if—

(1) You are a child as described in 

§ 416.1856; 

(2) You are a citizen of the United 

States; and 

(3) You are living with a parent as 

described in § 416.1881 who is a 

member of the armed forces of the 

United States assigned to permanent 

duty ashore overseas. 

* * * * * 

[FR Doc. 05–21117 Filed 10–21–05; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 990 

[Docket No. FR–4874–C–09] 

RIN 2577–AC51 

Revisions to the Public Housing 

Operating Fund Program; Correction 

to Formula Implementation Date 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

HUD’s final rule published on 

September 19, 2005, that implements 

revisions to the public housing 

Operating Fund Program. The final rule 

includes dates from the proposed rule 

that assumed both an initial 

implementation of the revised formula 

in fiscal year (FY) 2006 and a one-year 

period for PHAs to transition to the new 

formula. In converting the rule from a 

proposed to final rule, HUD 

unintentionally failed to revise certain 

dates to reflect the updated schedule for 

implementation of the revised formula. 

Accordingly, the September 19, 2005, 

final rule inadvertently denies PHAs the 

one-year transition period. This 

document corrects the September 19, 

2005, final rule to provide that the 

revised allocation formula will be 

implemented for calendar year 2007, 

and adjusts the related dates specified 

in the rule to reflect the corrected 

implementation date. 

EFFECTIVE DATE: The final rule is 

effective on November 18, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Hanson, Public Housing 

Financial Management Division, Office 

of Public and Indian Housing, 

Department of Housing and Urban 

Development, 550 12th Street SW., 

Suite 100, Washington, DC 20410; 

telephone (202) 475–7949 (this 

telephone number is not toll-free). 

Individuals with speech or hearing 

impairments may access this number 

through TTY by calling the toll-free 

Federal Information Relay Service at 1–

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 19, 2005, (70 FR 

54983), HUD published a final rule 

amending the regulations of the Public 

Housing Operating Fund Program at 24 

CFR part 990, to provide a new formula 

for distributing operating subsidy to 

public housing agencies (PHAs) and 

establish requirements for PHAs to 

convert to asset management. More 

detailed information about this rule can 

be found in the preamble to the 

September 19, 2005, final rule. 

II. This Document 

The September 19, 2005, final rule 

establishes several requirements and 

determinations connected to the 

calendar year in which the distribution 

of operating subsidies will be made. 

Some of the dates in the final rule were 

carried over from the proposed rule and 

assumed both an initial implementation 

of the revised formula in FY2006, and 

a one-year transition period prior to 

implementation of the new formula. 

Given the timing of publication and 

the effective date of the final rule, initial 

implementation of the revised formula 

must be deferred to calendar year 2007 

in order to provide PHAs with the 

necessary one year transition period. 

However, in converting this rule from a 

proposed rule to a final rule, HUD 

inadvertently failed to revise certain 

dates to reflect the updated schedule for 

implementation of the new formula, and 

unintentionally denied PHAs the oneyear transition period. 

This document corrects certain 

provisions in the September 19, 2005, 

final rule to appropriately reflect initial 

implementation of the revised Operating 

Fund formula in calendar year 2007. 

The corrections made by this document 

are necessary to assist PHAs in proper 

budgetary planning and to bring their 

policies and procedures into 

compliance with the new formula 

requirements. The effective date of the 

rule remains November 18, 2005, and all 

other dates contained in the final rule 

that do not affect the new formula 

allocation of operating subsidies are 

unchanged. 

The following section of this 

document describes the most significant 

corrections being made to the 

September 19, 2005, final rule. 

III. Corrections to the September 19, 

2005, Final Rule 

Revised subpart F of 24 CFR part 990 

establishes procedures to assist PHAs in 

transitioning to the new funding levels 

under the new Operating Fund formula. 

As provided in § 990.225 of the final 

rule, the determination of the amount 

and period of the transition funding will 

be based on the difference in subsidy 

levels between the revised formula and 

the formula in effect prior to 

implementation of the final rule. 

Differences in subsidy levels will be 

calculated using FY 2004 data. 

1. Transition Funding. Under 

§§ 990.230 and 990.235 of the final rule, 

PHAs that experience a decrease or 

increase in operating subsidy will have 

that decrease phased-in over a specified 

number of years following the effective 

date of the final rule (November 18, 

2005). The phase-in period is five years 

for subsidy reductions and two years for 

increases in operating subsidies. By 

specifying the date of November 18, 

2005, the final rule incorrectly connects 

the first year of the phased-in reduction 

to initial formula implementation in FY 

2006. This document corrects 

§§ 990.230 and 990.235 by removing 

references to specific dates. 

2. Discontinuation of subsidy 

reduction as a result of conversion to 

asset management (‘‘stop-loss’’ 

provision). As noted above, the final 

rule provides that phased-in reductions 

in operating subsidy will be 

discontinued if the PHA can 

demonstrate successful conversion to 

the asset management requirements 

contained in revised subpart H of the 

part 990 regulations. HUD will 

discontinue the reduction in accordance