Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 60463 

redesignated as newly revised paragraph 

(b) to read as follows: 

§ 292.602 Exemption of qualifying facilities 

from certain State law and regulation. 

* * * * * 

(b) Exemption from certain State laws 

and regulations. 

(1) Any qualifying facility shall be 

exempted (except as provided in 

paragraph (b)(2)) of this section from 

state laws or regulations respecting: 

(i) The rates of electric utilities; and 

(ii) The financial and organizational 

regulation of electric utilities. 

(2) A qualifying facility may not be 

exempted from state laws and 

regulations implementing subpart C. 

(3) Upon request of a state regulatory 

authority or nonregulated electric 

utility, the Commission may consider a 

limitation on the exemptions specified 

in paragraph (b)(1) of this section. 

(4) Upon request of any person, the 

Commission may determine whether a 

qualifying facility is exempt from a 

particular state law or regulation. 

5. In § 292.203, paragraphs (a) and (b) 

are revised to read as follows: 

§ 292.203 General requirements for 

qualification. 

(a) Small power production facilities. 

Except as provided in paragraph (c) of 

this section, a small power production 

facility is a qualifying facility if it: 

(1) Meets the maximum size criteria 

specified in § 292.204(a); and 

(2) Meets the fuel use criteria 

specified in § 292.204(b). 

(b) Cogeneration facilities. A 

cogeneration facility, including any 

diesel and dual-fuel cogeneration 

facility, is a qualifying facility if it: 

(1) Meets any applicable operating 

and efficiency standards specified in 

§ 292.205(a) and (b). 

(2) [Reserved] 

* * * * * 

§ 292.206 [Removed] 

6. Section 292.206 is removed. 

Subchapter D—Approved Forms, Federal 

Power Act and Public Utility Regulatory 

Policies Act of 1978 

PART 131—FORMS 

1. The authority citation for part 131 

continues to read: 

Authority: 16 U.S.C. 791a–825r. 2601–

2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

2. Section 131.80 is amended by 

revising paragraphs 1a, 1b, and 1c of 

Part A and by adding a new heading and 

paragraph 15 of Part C to read as 

follows: 

§ 131.80 FERC Form No. 556, Certification 

of qualifying facility status for an existing 

or a proposed small power production or 

cogeneration facility. 

(See § 292.207 of this chapter.) 

FERC Form 556, OMB No. 1902–0075 

Expireslllll 

Certification of Qualifying Facility Status for 

an Existing or a Proposed Small Power 

Production or Cogeneration Facility 

(To be completed for the purpose of 

demonstrating up-to-date conformance with 

the qualification criteria of Section 

292.203(a)(1) or Section 292.203(b), based on 

actual or planned operating experience) 

General instructions: Part A of the form 

should be completed by all small power 

producers or cogenerators. Part B applies to 

small power production facilities. Part C 

applies to cogeneration facilities. All 

references to sections are with regard to Part 

292 of Title 18 of the Code of Federal 

Regulations, unless otherwise indicated. 

Part A—General Information To Be 

Submitted by All Applicants 

1a. Full name: 

Docket Number assigned to the immediately 

preceding submittal filed with the 

Commission in connection with the instant 

facility, if any: QF ll–ll–ll 

Purpose of instant filing (self-certification or 

self-recertification [Section 292.207(a)(1)], or 

application for Commission certification or 

recertification [Sections 292.207(b) and 

(d)(2)]): 

1b. Full address of applicant: 

1c. Indicate the owner(s) of the facility 

(including the percentage of ownership held 

by any electric utility or electric utility 

holding company, or by any persons owned 

by either) and the operator of the facility. 

Additionally, state whether or not any of the 

non-electric utility owners or their upstream 

owners are engaged in the generation or sale 

of electric power, or have any ownership or 

operating interest in any electric facilities 

other than qualifying facilities. In order to 

facilitate review of the application, the 

applicant may also provide an ownership 

chart identifying the upstream ownership of 

the facility. Such chart should indicate 

ownership percentages where appropriate. 

* * * * * 

Part C—Description of the Cogeneration 

Facility 

* * * * * 

For New Cogeneration Facilities 

15. For any cogeneration facility that was 

either not certified as a qualifying 

cogeneration facility on or before August 8, 

2005, or that had not filed a notice of selfcertification, self-recertification or an 

application for Commission certification 

under section 292.207 prior to [the date the 

Commission issues a final rule], also show: 

(i) The thermal energy output of the 

cogeneration facility is used in a productive 

and beneficial manner; 

(ii) The electrical, thermal, chemical and 

mechanical output of the cogeneration 

facility is used fundamentally for industrial, 

commercial, or institutional purposes and is 

not intended fundamentally for sale to an 

electric utility, taking into account 

technological, efficiency, economic, and 

variable thermal energy requirements, as well 

as state laws applicable to sales of electric 

energy from a qualifying facility to its host 

facility; and 

(iii) Continuing progress in the 

development of efficient electric energy 

generating technology. 

[FR Doc. 05–20695 Filed 10–17–05; 8:45 am] 

BILLING CODE 6717–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

RIN 0960–AG10 

Rules for the Issuance of Work Report 

Receipts, Payment of Benefits for Trial 

Work Period Service Months After a 

Fraud Conviction, Changes to the 

Student Earned Income Exclusion, and 

Expansion of the Reentitlement Period 

for Childhood Disability Benefits 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We are proposing to amend 

our rules to reflect and implement 

sections 202, 208, 420A, and 432 of the 

Social Security Protection Act of 2004 

(the SSPA). Section 202 of the SSPA 

requires us to issue a receipt each time 

you or your representative report a 

change in your work activity or give us 

documentation of a change in your 

earnings if you receive benefits based on 

disability under title II or title XVI of the 

Social Security Act (the Act). Section 

208 changes the way we pay benefits 

during the trial work period if you are 

convicted by a Federal court of 

fraudulently concealing your work 

activity. Section 420A changed the law 

to allow you to become reentitled to 

childhood disability benefits under title 

II at any time if your previous 

entitlement to childhood disability 

benefits was terminated because of the 

performance of substantial gainful 

activity. Section 432 changes the way 

we decide if you are eligible for the 

student earned income exclusion. We 

also propose to change the SSI student 

policy to include home schooling as a 

form of regular school attendance. 

Additionally, we are proposing to apply 

the student earned income exclusion 

when determining the countable income 

of an ineligible spouse or ineligible 

parent. 

DATES: To be sure that your comments 

are considered, we must receive them 

by December 19, 2005. 

60464 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 

ADDRESSES: You may give us your 

comments by: using our Internet facility 

(i.e., Social Security Online) at http:// 

policy.ssa.gov/pnpublic.nsf/LawsRegs or 

the Federal eRulemaking Portal: http:// 

www.regulations.gov: e-mail to 

regulations@ssa.gov; telefax to (410) 

966–2830; or letter to the Commissioner 

of Social Security, PO Box 17703, 

Baltimore, MD 21235–7703. You may 

also deliver them to the Office of 

Regulations, Social Security 

Administration, 107 Altmeyer Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, between 8 a.m. and 4:30 

p.m. on regular business days. 

Comments are posted on our Internet 

site, or you may inspect them physically 

on regular business days by making 

arrangements with the contact person 

shown in this preamble. 

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:// 

www.socialsecurity.gov/regulations/. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Duzan, Policy Analyst, Social 

Security Administration, 6401 Security 

Boulevard, Baltimore, Maryland 21235–

6401, (410) 965–4203, or TTY (410) 

966–5609 for information about these 

proposed 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. You may 

also contact Social Security Online, at 

http://www.socialsecurity.gov/. 

SUPPLEMENTARY INFORMATION: 

What is the purpose of this notice of 

proposed rulemaking (NPRM)? 

In this NPRM, we propose to amend 

our rules to reflect and codify sections 

202, 208, 420A, and 432 of the SSPA. 

These proposed changes apply to you if 

you engage in work activity while 

entitled to or eligible for benefits based 

on disability under title II or title XVI 

of the Act. 

We also propose to change the SSI 

student policy to include home 

schooling as a form of regular school 

attendance. This may allow more 

individuals to benefit from the student 

earned income exclusion. This change, 

which is separate from the changes 

being made to reflect and implement the 

SSPA, will make the title II and title XVI 

programs uniform with respect to home 

schooling. The title II program currently 

recognizes home schooling as a form of 

school attendance. We also propose to 

apply the student earned income 

exclusion when determining the 

countable income of an ineligible 

spouse or ineligible parent. 

When will we start to use these rules? 

The effective date of the provisions of 

the SSPA that are the subject of these 

proposed rules are set forth below and 

will take effect on the dates mandated 

by statute. The changes regarding home 

schooling will not take effect until we 

evaluate the public comments we 

receive and issue final rules in the 

Federal Register. If we publish final 

rules, we will state in the notice the date 

on which they go into effect, explain in 

the preamble how we will apply them, 

and summarize and respond to the 

substantive public comments. 

What is the purpose of section 202? 

Section 202 of the SSPA requires us 

to issue a receipt to you or your 

representative each time you or your 

representative report a change in your 

work activity or give us evidence of a 

change in your earnings, such as your 

pay stubs, if you receive benefits based 

on disability under title II or title XVI 

of the Act. The law provides that we 

issue a receipt each time you or your 

representative report to us at least until 

we establish a centralized computer file 

that will electronically record the 

information about the change in your 

work activity and the date that you 

make your report. After the centralized 

computer file is implemented, we will 

continue to issue receipts to you upon 

your request. 

In the past, the reports you gave to us 

about your work activity may not have 

been processed timely, resulting in 

processing delays. This might have 

caused us to pay benefits to you 

incorrectly, without considering the 

effect your work and earnings may have 

had on your benefits, causing you to 

become overpaid. We are implementing 

a new centralized computer system 

which will create an electronic record of 

the work information that you report to 

us. This will help us ensure that we 

fulfill our responsibility to process your 

earnings reports and pay benefits to you 

correctly. We expect this centralized 

computer system to be operational in 

the fall of 2005. Issuing a receipt to you 

when you report your work or earnings 

will provide you with proof that you 

properly fulfilled your responsibility to 

report your earnings to us until such 

time as the electronic record is 

established. 

Why must you report your work 

activity? 

If you receive benefits based on 

disability under title II of the Act or are 

eligible for benefits under title XVI, you 

are required to report changes in your 

work activity and earnings to us. (See 

§§ 404.1588 and 416.708.) 

Your earnings can affect your 

eligibility for benefits or the amount of 

your benefits. 

You can report your work to us: 

• By phone to our toll free number; 

• In person or by phone to your local 

office; or 

• By mailing your pay stubs to your 

local office. 

We are also making efforts to expand 

the ways you can report information to 

us. 

What is the effective date of section 

202? 

The statutory change that requires us 

to issue receipts every time you or your 

representative report a change in your 

work activity or give us documentation 

of a change in your earnings is effective 

as soon as possible, but no later than 

March 2, 2005. We are currently issuing 

receipts to you or your representative 

and will continue to do so at least until 

we establish a centralized computer file 

to record the information that you give 

us and the date that you make your 

report. Once the centralized computer 

file is in place, we will continue to issue 

receipts to you or your representative if 

you request us to do so. 

What is the purpose of section 208? 

Section 208 of the SSPA provides that 

if you are convicted by a Federal court 

of fraudulently concealing your work 

activity during the trial work period, no 

benefits are payable for any trial work 

period service month (generally a month 

of work activity, see § 404.1592) that 

occurred on or after March 2004 and 

before the date of your conviction. 

Section 208 of the SSPA will help to 

deter fraud within the Social Security 

program by prohibiting payment for trial 

work period service months to disabled 

individuals who fraudulently conceal 

work activity. 

What is the trial work period? 

The trial work period allows a title II 

beneficiary to test his or her ability to 

work for at least 9 months and still be 

considered disabled. During your trial 

work period, you continue to be entitled 

to receive your Social Security disability 

insurance benefits regardless of how 

high your earnings might be so long as 

you continue to have a disabling 

impairment. The trial work period 

continues until you accumulate 9 

months (not necessarily consecutive) in 

which you performed ‘‘services’’ (i.e., 

work activity) within a rolling 60- 

consecutive-month period. We use this 

‘‘services’’ rule to count trial work 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 60465 

period months. Under section 222(c)(2) 

of the Act and § 404.1592(b) of the 

regulations, services means any activity 

(whether legal or illegal), which is done 

in employment or self-employment for 

pay or profit, or is the kind normally 

done for pay or profit. We generally use 

earnings guidelines to evaluate whether 

the work activity you are performing as 

an employee or self-employed person is 

services for the trial work period. We 

consider your work in a particular 

month to be services if you earn more 

than $590 in that month for the year 

2005, or work more than 80 selfemployed hours in that month. The 

dollar amount can be adjusted each year 

based on the national average wage. 

What is the effective date of section 

208? 

The statutory change provides that an 

individual is not entitled to receive title 

II disability benefits for trial work 

period service months that occur on or 

after March 2004 and before the date of 

conviction by a Federal court of 

fraudulently concealing work activity 

during that trial work period. 

What is the purpose of section 420A? 

Section 420A of the SSPA provides 

that, if your previous entitlement to 

childhood disability benefits under title 

II of the Act ended due to the 

performance of substantial gainful 

activity, you may become reentitled to 

childhood disability benefits at any time 

if you become disabled again and you 

meet other requirements for entitlement. 

Prior to the effective date of section 

420A, if childhood disability benefits 

were terminated because disability 

ceased, you could become reentitled to 

benefits only if you became disabled 

again within 7 years of the most recent 

termination. Section 420A removes a 

significant disincentive to work for 

childhood disability beneficiaries by 

removing the 7-year restriction on 

reentitlement for individuals whose 

entitlement to childhood disability 

benefits was terminated due to the 

performance of substantial gainful 

activity. The 7-year restriction continues 

to apply to beneficiaries whose previous 

entitlement to childhood disability 

benefits terminated because of medical 

improvement. 

What is the effective date of section 

420A? 

The statutory change that removed the 

7-year restriction on reentitlement to 

childhood disability benefits under title 

II of the Act if the previous entitlement 

terminated due to the performance of 

substantial gainful activity became 

effective with respect to benefits 

payable for months beginning October 

2004. 

What is the purpose of section 432? 

Section 432 of the SSPA changes who 

is eligible for the student earned income 

exclusion under title XVI of the Act. 

The law increases the number of 

persons eligible for the exclusion by 

eliminating the requirement that you 

must meet the definition of a child 

under our SSI rules to be eligible for this 

exclusion. Specifically, section 432 of 

the SSPA removes the restriction that 

you must be unmarried and not head of 

your own household to qualify. You no 

longer need to be considered a ‘‘child’’

to get the student earned income 

exclusion, you only must be under the 

age of 22, and, as before, regularly 

attending a school, college, or 

university, or a course of vocational or 

technical training to prepare for gainful 

employment. 

What is the student earned income 

exclusion? 

The student earned income exclusion 

is a provision that allows us to exclude 

a greater amount of your earned income 

if you are a student than we do under 

our usual income counting rules. If you 

meet the definition of child for SSI and 

you are regularly attending school, we 

exclude a greater amount of your earned 

income when determining your 

eligibility for, and the amount of, 

benefits. For the year 2005, we do not 

count up to $1,410 of earned income per 

month up to a maximum yearly 

exclusion of $5,670. These dollar 

amounts are adjusted each year by the 

cost-of-living adjustment (COLA) that is 

used to adjust the SSI Federal Benefit 

Rate. Section 432 eliminates the 

requirement that you meet the 

definition of a child to be eligible for the 

student earned income exclusion. 

Who can use the student earned income 

exclusion for the period before April 1, 

2005? 

Before April 1, 2005, (that is, before 

the changes made by section 432), you 

could have qualified for the student 

earned income exclusion if you were: 

• Under age 22; 

• Unmarried; 

• Not head of your own household; 

and 

• Regularly attending school, college, 

or university, or a course of vocational 

or technical training designed to prepare 

you for gainful employment. 

Section 416.1861 currently provides 

that you are a student regularly 

attending school or college, or training 

that is designed to prepare you for a 

paying job, if you are enrolled for one 

or more courses of study and attend 

class (1) in a college or university for at 

least 8 hours a week under a semester 

or quarter system, (2) in grades 7–12 for 

at least 12 hours a week, or (3) in a 

course of training to prepare for a 

paying job, and attending that training 

for at least 15 hours a week if the 

training involves shop practice or 12 

hours a week if it does not involve shop 

practice. These rules do not specifically 

address home schooling as a form of 

regular school attendance. However, 

§ 404.367 currently recognizes as fulltime school attendance students who 

are instructed at home in accordance 

with a home school law of the State or 

other jurisdiction in which they reside. 

How do section 432 and the revision 

regarding home schooling change the 

student earned income exclusion? 

Section 432 of the SSPA eliminates 

the requirement that you must be a 

child to qualify for the student earned 

income exclusion. Specifically, it 

removes the requirement that you must 

be unmarried and not head of your own 

household. 

These proposed rules regarding home 

schooling would allow you to be 

considered a student regularly attending 

school if you are instructed at home in 

grades 7–12 for at least 12 hours a week 

in accordance with a home school law 

of the State or other jurisdiction in 

which you live. Allowing home 

schooling as a form of regular school 

attendance would make the title II and 

title XVI programs uniform with respect 

to home schooling. We hope that our 

proposed rule change to consider home 

schooling, and the statute’s removal of 

the child requirement, will increase the 

number of persons who can use the 

student earned income exclusion. 

Will the student earned income 

exclusion apply to deemors? 

Yes. Section 1614(f) of the Act 

requires that when we determine an 

individual’s eligibility for SSI benefits, 

we must consider the income and 

resources of an ineligible spouse living 

in the same household, or, in the case 

of a child under the age of 18, the 

income and resources of an ineligible 

parent living in the same household. We 

use the term ‘‘deeming’’ to describe this 

process of considering part of an 

ineligible spouse’s or parent’s income 

and resources to be the individual’s own 

income and resources. Deeming an 

ineligible parent’s income and resources 

to a child eligible for SSI benefits is only 

done if the child is under age 18 and the 

child is living in the same household as 

the ineligible parent. Section 1614(f) 

also grants the Commissioner the 

60466 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 

discretion to not deem the income and 

resources of an ineligible spouse or 

parent to an eligible individual when 

the Commissioner determines that 

deeming would be inequitable under the 

circumstances. 

In addition to adding to our 

regulations the change in how we 

determine an eligible individual’s 

income required by section 432 of the 

SSPA, we propose to apply this earned 

income exclusion when determining the 

countable income of an ineligible 

spouse or ineligible parent who is a 

student. 

Extending this student earned income 

exclusion to the deeming process, as 

authorized by section 1614(f) of the Act, 

is consistent with the SSI program’s 

longstanding treatment of income and 

resources of spouses and parents 

comparably to the way that income and 

resources of an eligible individual 

would be treated. It will also provide 

incentives to encourage work and 

education to ineligible individuals 

living with beneficiaries. 

What is the effective date of section 432 

and the revision regarding home 

schooling? 

The statutory changes that allow those 

who are married and the head of a 

household to also qualify for the student 

earned income exclusion are effective 

with benefits payable April 1, 2005. The 

changes to allow home schooling as a 

form of regular school attendance will 

be effective 30 days after publication of 

the final rules. 

Explanation of Changes 

We propose to revise several of our 

rules in subparts D, E, J, and P of part 

404 and subparts G, K, N, and R of part 

416 to: 

• Reflect the statutory change that 

requires us to issue receipts to you or 

your representative when you or your 

representative report changes in your 

work activity or earnings or give us 

documentation of those changes at least 

until we establish a centralized 

computer file to record the information 

you report to us and the date you report; 

• Explain that disability benefits are 

not payable for trial work period service 

months if you are convicted by a 

Federal court of fraudulently concealing 

your work activity during that trial work 

period; 

• Reflect the statutory change that 

expands the number of persons who can 

use the student earned income 

exclusion by removing the requirement 

that you must be a child, unmarried and 

not head of household; 

• Expand the number of persons who 

can use the student earned income 

exclusion by allowing home schooling 

as a form of regular school attendance; 

• Extend application of the student 

earned income exclusion to the income 

of an ineligible spouse and ineligible 

parent for deeming purposes; and 

• Reflect the statutory change that 

eliminates the 7-year time limit on 

reentitlement to childhood disability 

benefits when the prior entitlement 

terminated due to the performance of 

substantial gainful activity. 

The following is an explanation of the 

specific changes we are proposing and 

our reasons for making these proposals. 

Section 404.351 Who May Be 

Reentitled to Child’s Benefits 

We are proposing to add a new 

paragraph (d) to explain that, effective 

with respect to benefits payable for 

months beginning October 2004, you 

can be reentitled to childhood disability 

benefits at any time if your prior 

entitlement terminated because you 

ceased to be under a disability due to 

the performance of substantial gainful 

activity. 

Section 404.401a When We Do Not 

Pay Benefits Because of a Disability 

Beneficiary’s Work Activity 

We are proposing to revise the last 

sentence in current § 404.401a to clarify 

that earnings from work activity during 

a trial work period will not stop benefits 

except as provided in § 404.471. 

Section 404.471 Nonpayment of 

Disability Benefits for Trial Work Period 

Service Months Upon a Conviction of 

Fraudulently Concealing Work Activity 

We are proposing to add a new 

§ 404.471 to explain that disability 

benefits will not be payable for trial 

work period service months if you are 

convicted by a Federal court of 

fraudulently concealing your work 

activity during the trial work period. As 

explained in § 404.1592, the trial work 

period is a period during which you 

may test your ability to work and still 

continue to receive disability benefits if 

you still have a disabling impairment, 

no matter how much you are earning. 

Under this proposed change, which 

reflects section 208 of the SSPA of 2004, 

if you are convicted in Federal court of 

fraudulently concealing your work 

activity during your trial work period, 

disability benefits are not payable for 

any trial work period service months 

beginning March 2004 that occur prior 

to that conviction. Benefits already 

received that are determined not 

payable because of the Federal court 

decision are considered an overpayment 

on the record. Consistent with section 

208, we explain in § 404.471(b) what is 

meant by fraudulently concealing work 

activity. You can be found to be 

fraudulently concealing work activity if 

you provide false information 

concerning the amount of your earnings, 

engage in work activity under another 

identity while receiving disability 

benefits, or take actions to conceal your 

work activity with the intent of 

obtaining benefits in excess of amounts 

due. 

Section 404.903 Administrative 

Actions That Are Not Initial 

Determinations 

We are proposing to add a new 

paragraph (x) to § 404.903 to explain 

that the receipt we give you or your 

representative as a result of a report of 

a change in your work activity or 

earnings is not an initial determination. 

As explained in existing § 404.903, 

administrative actions that are not 

initial determinations may be reviewed 

by us, but they are not subject to the 

administrative review process provided 

by subpart J of part 404, and they are not 

subject to judicial review. The receipt 

will summarize the information that you 

give us, and we will ask you to review 

the information contained in the receipt 

for accuracy and to tell us if the 

information is wrong. If our information 

is wrong, we will correct our records 

based on the new information that you 

give us. 

In addition, we will give you advance 

notice if we determine that you are not 

now disabled based on what you told us 

about your work activity, as explained 

in § 404.1595. 

Section 404.1588 Your Responsibility 

To Tell Us of Events That May Change 

Your Disability Status 

We are proposing to designate the 

undesignated current paragraph as 

paragraph (a) and add a title: Your 

responsibility to report changes to us, 

and redesignate paragraphs (a), (b), (c), 

and (d) as (1), (2), (3), and (4). We also 

propose to add a new paragraph (b), Our 

responsibility when you report your 

work to us, that clarifies how we will 

respond when you or your 

representative report a change in your 

work activity to us. Section 404.1588(a) 

explains that if you receive benefits 

based on disability, you must report to 

us when there is a change in your work 

activity; for example, you return to 

work, or there is an increase in your 

earnings or the amount of work you are 

doing. New paragraph (b) explains that 

we will issue a receipt to you or your 

representative when you or your 

representative report a change in your 

work activity or earnings, until a 

centralized computer file that records 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 60467 

the information that you give us and the 

date that you make your report is in 

place. Once the centralized computer 

file is in place, we may continue to 

issue receipts to you or your 

representative if you request us to do so. 

Section 404.1592 The Trial Work 

Period 

In § 404.1592 we are proposing to add 

a new paragraph (f), Nonpayment of 

benefits for trial work period service 

months, to clarify that benefits will not 

be payable for trial work period service 

months if you have been convicted by 

a Federal court of fraudulently 

concealing your work activity. We also 

added a cross-reference to new 

§ 404.471. 

Section 416.708 What You Must 

Report 

We are proposing to amend the last 

paragraph of paragraph (c) by adding 

two new sentences to explain how we 

will respond when you report a change 

in your earned income. Section 416.708 

(c) explains that if you receive SSI 

benefits, you must report to us when 

there is a change in your income. The 

proposed new sentences which would 

be added to paragraph (c) explain that 

if you receive SSI benefits based on 

disability, we will issue a receipt to you 

or your representative when you or your 

representative report a change in your 

work activity or your earned income, at 

least until we establish a centralized 

computer file to record the information 

that you give us and the date that you 

make your report. Once the centralized 

computer file is in place, we will 

continue to issue receipts to you or your 

representative if you request us to do so. 

Section 416.1112 Earned Income We 

Do Not Count 

We are proposing to amend paragraph 

(c)(3) to reflect the statutory change 

eliminating the requirement that you 

must be a child to qualify for the 

student earned income exclusion. 

Section 416.1161 Income of an 

Ineligible Spouse, Ineligible Parent, and 

Essential Person for Deeming Purposes 

We are proposing to amend 

§ 416.1161 by adding a new paragraph 

(a)(27) to exclude certain earned income 

of a student as provided by section 432 

from the income of an ineligible spouse 

and ineligible parent for deeming 

purposes. 

Section 416.1403 Administrative 

Actions That Are Not Initial 

Determinations 

We are proposing to add a new 

paragraph (a)(22) to § 416.1403 to 

explain that the receipt we give you or 

your representative as a result of your 

report of work activity or earnings is not 

an initial determination. As explained 

in § 416.1403(a), administrative actions 

that are not initial determinations may 

be reviewed by us, but they are not 

subject to the administrative review 

process provided by subpart N, and they 

are not subject to judicial review. The 

receipt will summarize the information 

that you or your representative give us 

and we will ask you to review the 

information contained in the receipt for 

accuracy and tell us if the information 

is wrong. If our information is wrong, 

we will correct our records based on the 

new information that you give us. 

In addition, we will give you advance 

notice if we suspend or reduce your 

benefit amount based on what you told 

us about your earnings as explained in 

§ 416.1336. 

Section 416.1861 Deciding Whether 

You Are a Child: Are You a Student? 

We are proposing to add a new 

paragraph (b) to § 416.1861 to add home 

schooling conducted in accordance with 

a home school law of the State or other 

jurisdiction in which you live as a form 

of regular school attendance for 

purposes of title XVI. We are proposing 

to redesignate paragraphs (b), (c), (d), 

(e), and (f) as paragraphs (c), (d), (e), (f), 

and (g). We also are proposing to amend 

current paragraph (e) to remove 

references to earnings because we 

discuss student earnings in a new 

section. 

We are proposing to add a new 

undesignated centered heading to read, 

Who is Considered A Student For 

Purposes of The Student Earned Income 

Exclusion. 

Section 416.1870 Effect of Being 

Considered a Student 

We are proposing to add a new 

§ 416.1870 to explain that if we consider 

you to be a student, we will not count 

all of your earned income when we 

determine your SSI eligibility and 

benefit amount. 

Section 416.1872 Who Is Considered a 

Student 

We are proposing to add a new 

§ 416.1872 to explain that we consider 

you to be a student if you are under 22 

years old and you are regularly 

attending school or college or training 

that is designed to prepare you for a 

paying job. 

Section 416.1874 When We Need 

Evidence That You Are a Student 

We are proposing to add a new 

§ 416.1874 to explain what evidence we 

need if you are a student and you expect 

to earn over $65 in any month. 

Clarity of These Proposed Rules 

Executive Order 12866, as amended 

by Executive Order 13258, requires each 

agency to write all rules in plain 

language. In addition to your 

substantive comments on these 

proposed rules, we invite your 

comments on how to make them easier 

to understand. 

For example: 

• Have we organized the material to 

suit your needs? 

• Are the requirements in the rules 

clearly stated? 

• Do the rules contain technical 

language or jargon that isn’t clear? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rules easier to 

understand? 

• Would more (but shorter) sections 

be better? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rules easier to understand? 

Regulatory Procedures 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that these proposed rules 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as amended by Executive Order 

13258. Thus, they were reviewed by 

OMB. 

Regulatory Flexibility Act 

We certify that these proposed 

regulations would not have a significant 

economic impact on a substantial 

number of small entities because they 

would 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 contain 

reporting requirements as shown in the 

table below. Where the public reporting 

burden is accounted for in Information 

Collection Requests for the various 

forms that the public uses to submit the 

information to SSA, a 1-hour 

placeholder burden is being assigned to 

the specific reporting requirement(s) 

contained in these rules; we are seeking 

clearance of these burdens because they 

were not considered during the 

clearance of the forms. 

60468 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 

Section 

Annual 

number of 

responses 

Frequency of 

response 

Average 

burden per 

response 

(in minutes) 

Estimated annual burden 

(in hours) 

404.1588(a) ...................................................................................................... ........................ ........................ ........................ 1 

416.708 ............................................................................................................ ........................ ........................ ........................ 1 

416.1861(f) ....................................................................................................... 15,000 1 10 2500 

Total .......................................................................................................... 15,000 ........................ ........................ 2500 

An Information Collection Request 

has been submitted to OMB for 

clearance. We are soliciting comments 

on the burden estimate; the need for the 

information; its practical utility; ways to 

enhance its quality, utility and clarity; 

and on ways to minimize the burden on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments should be submitted and/or 

faxed to the Office of Management and 

Budget and the Social Security 

Administration at the following 

addresses/numbers: Office of 

Management and Budget, Attn: Desk 

Officer for SSA, New Executive Office 

Building, Room 10230, 725 17th St., 

NW., Washington, DC 20530, Fax 

Number: 202–395–6974. Social Security 

Administration, Attn: SSA Reports 

Clearance Officer, Rm. 1338 Annex 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, Fax 

Number: 410–965–6400. 

Comments can be received for 

between 30 and 60 days after 

publication of this notice and will be 

most useful if received by SSA within 

30 days of publication. To receive a 

copy of the OMB clearance package, you 

may call the SSA Reports Clearance 

Officer on 410–965–0454. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social Security—

Disability Insurance; 96.002, Social 

Security—Retirement Insurance; 96.004, 

Social Security—Survivors Insurance; 

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 11, 2005. 

Jo Anne B. Barnhart, 

Commissioner of Social Security. 

For the reasons set out in the 

preamble, we propose to amend 

subparts D, E, J, and P of part 404 and 

subparts G, K, N, and R 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 

continues 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. Section 404.351 is amended by 

removing ‘‘; or’’ at the end of paragraph 

(b) and replacing it with a period; 

removing the period at the end of 

paragraph (c) and replacing it with ‘‘; 

or’’, and adding a new paragraph (d) to 

read as follows: 

§ 404.351 Who may be reentitled to child’s 

benefits. 

* * * * * 

(d) The first month on or after October 

2004 you are under a disability that 

began after the end of the 84th month 

following the month in which your 

entitlement to benefits had ended 

because your previous disability ended 

due to the performance of substantial 

gainful activity. 

Subpart E—[Amended] 

3. The authority citation for subpart E 

is revised to read as follows: 

Authority: Secs. 202, 203, 204(a) and (e), 

205(a) and (c), 216(l), 222(c), 223(e), 224, 225, 

702(a)(5), and 1129A of the Social Security 

Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) 

and (c), 416(l), 422(c), 423(e), 425, 902(a)(5), 

and 1320a–8a and 48 U.S.C. 1801). 

4. Section 404.401a is amended by 

revising the last sentence to read as 

follows: 

§ 404.401a When we do not pay benefits 

because of a disability beneficiary’s work 

activity. 

* * * Except as provided in 

§ 404.471, earnings from work activity 

during a trial work period will not stop 

your benefits. 

5. Add a new § 404.471 to read as 

follows: 

§ 404.471 Nonpayment of disability 

benefits for trial work period service 

months upon a conviction of fraudulently 

concealing work activity. 

(a) Nonpayment of benefits during the 

trial work period. Beginning with work 

activity performed in March 2004 and 

thereafter, if you are convicted by a 

Federal court of fraudulently concealing 

your work activity and the concealment 

of the work activity occurred while you 

were in a trial work period, monthly 

disability benefits under title II of the 

Social Security Act are not payable for 

months in which you performed 

services during that trial work period 

prior to the conviction (see § 404.1592 

for a definition of a trial work period 

and services). Benefits already received 

for months of work activity in the trial 

work period prior to the conviction and 

in the same period of disability during 

which the fraudulently concealed work 

activity occurred, will be considered an 

overpayment on the record. 

(b) Concealment of work activity. You 

can be found to be fraudulently 

concealing work activity if—

(1) You provide false information to 

us concerning the amount of earnings 

you received or are receiving for a 

particular period; 

(2) You received or are receiving 

disability benefits while engaging in 

work activity under another identity 

(this would include working under 

another Social Security number or a 

forged Social Security number); or 

(3) You take other actions to conceal 

work activity with the intent of 

fraudulently obtaining benefits in excess 

of amounts that are due. 

Subpart J—[Amended] 

6. The authority citation for subpart J 

is revised to read as follows: 

Authority: Secs. 201(j), 204(f), 205(a), (b), 

(d)–(h), and (j), 221, 225, and 702(a)(5) of the 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 60469 

Social Security Act (42 U.S.C. 401(j), 404(f), 

405(a), (b), (d)–(h), and (j), 421, 425, and 

902(a)(5)); sec. 5, Pub. L. 97–455, 96 Stat. 

2500 (42 U.S.C. 405 note); secs. 5, 6(c)–(e), 

and 15, Pub. L. 98–460, 98 Stat. 1802 (42 

U.S.C. 421 note); sec. 202, Pub. L. 108–203, 

118 Stat. 509 (42 U.S.C. 902 note). 

7. Section 404.903 is amended by 

removing the word ‘‘and’’ at the end of 

paragraph (v), replacing the period at 

the end of paragraph (w) with ‘‘; and’’, 

and adding a new paragraph (x) to read 

as follows: 

§ 404.903 Administrative actions that are 

not initial determinations. 

* * * * * 

(x) Issuing a receipt in response to 

your report of a change in your work 

activity. 

Subpart P—[Amended] 

8. The authority citation for subpart P 

is revised to read as follows: 

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

(h), 216(i), 221(a) and (i), 222(c), 223, 225, 

and 702(a)(5) of the Social Security Act (42 

U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), 

421(a) and (i), 422(c), 423, 425, and 

902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 

Stat. 2105, 2189; sec. 202, Pub. L. 108–203, 

118 Stat. 509 (42 U.S.C. 902 note). 

9. Section 404.1588 is revised to read 

as follows: 

§ 404.1588 Your responsibility to tell us of 

events that may change your disability 

status. 

(a) Your responsibility to report 

changes to us. If you are entitled to cash 

benefits or to a period of disability 

because you are disabled, you should 

promptly tell us if—

(1) Your condition improves; 

(2) You return to work; 

(3) You increase the amount of your 

work; or 

(4) Your earnings increase. 

(b) Our responsibility when you report 

your work to us. When you or your 

representative report changes in your 

work activity to us under paragraphs 

(a)(2), (a)(3), and (a)(4) of this section, 

we will issue a receipt to you or your 

representative, at least until a 

centralized computer file that records 

the information that you give us and the 

date that you make your report is in 

place. Once the centralized computer 

file is in place, we will continue to issue 

receipts to you or your representative if 

you request us to do so. 

10. Section 404.1592 is amended by 

adding a new paragraph (f) to read as 

follows: 

§ 404.1592 The trial work period. 

* * * * * 

(f) Nonpayment of benefits for trial 

work period service months. See 

§ 404.471 for an explanation of when 

benefits for trial work period service 

months are not payable if you are 

convicted by a Federal court of 

fraudulently concealing your work 

activity. 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart G—[Amended] 

11. The authority citation for subpart 

G is revised to read as follows: 

Authority: Secs. 702(a)(5), 1611, 1612, 

1613, 1614, and 1631 of the Social Security 

Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b, 

1382c, and 1383); sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note); sec. 202, Pub. 

L. 108–203, 118 Stat. 509 (42 U.S.C. 902 note) 

12. Section 416.708 (c)(4) and the 

paragraph following (c)(4) are revised to 

read as follows: 

§ 416.708 What you must report. 

* * * * * 

(c) * * * 

(4) An ineligible child who lives with 

you. 

Note to paragraph (c): However, you need 

not report an increase in your Social Security 

benefits if the increase is only a cost-of-living 

adjustment. (For a complete discussion of 

what we consider income, see subpart K. See 

subpart M, § 416.1323 regarding suspension 

because of excess income.) If you receive 

benefits based on disability, when you or 

your representative report changes in your 

earned income, we will issue a receipt to you 

or your representative until we establish a 

centralized computer file to record the 

information that you give us and the date that 

you make your report. Once the centralized 

computer file is in place, we will continue 

to issue receipts to you or your representative 

if you request us to do so. 

* * * * * 

Subpart K—[Amended] 

13. The authority citation for subpart 

K continues to read as follows: 

Authority: Secs. 702(a)(5), 1602, 1611, 

1612, 1613, 1614(f), 1621, and 1631 of the 

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

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

and 1383); sec. 211, Pub. L. 93–66, 87 Stat. 

154 (42 U.S.C. 1382 note). 

14. Section 416.1112 is amended by 

revising paragraph (c)(3) introductory 

text to read as follows: 

§ 416.1112 Earned income we do not 

count. 

* * * * * 

(c) * * * 

(3) If you are under age 22 and a 

student who is regularly attending 

school as described in § 416.1861: 

* * * * * 

15. Section 416.1161 is amended by 

adding a new paragraph (a)(26) to read 

as follows: 

§ 416.1161 Income of an ineligible spouse, 

ineligible parent, and essential person for 

deeming purposes. 

* * * * * 

(a) * * * 

(26) Earned income of a student as 

described in § 416.1112(c)(3). 

* * * * * 

Subpart N—[Amended] 

16. The authority citation for subpart 

N is revised to read as follows: 

Authority: Secs. 702(a)(5), 1631, and 1633 

of the Social Security Act (42 U.S.C. 

902(a)(5), 1383, and 1383b); sec. 202, Pub. L. 

108–203, 118 Stat. 509 (42 U.S.C. 902 note). 

17. Section 416.1403 is amended by 

removing the word ‘‘and’’ at the end of 

paragraph (a)(20), replacing the period 

at the end of paragraph (a)(21) with ‘‘; 

and’’, and adding new paragraph (a)(22) 

to read as follows: 

§ 416.1403 Administrative actions that are 

not initial determinations. 

(a) * * * 

(22) Issuing a receipt in response to 

your report of a change in your earned 

income. 

* * * * * 

Subpart R—[Amended] 

18. The authority citation for subpart 

R is revised to read as follows: 

Authority: Secs. 702(a)(5), 1612(b), 

1614(b), (c), and (d), and 1631(d)(1) and (e) 

of the Social Security Act (42 U.S.C. 

902(a)(5), 1382a(b), 1382c (b), (c), and (d) and 

1383 (d)(1) and (e)). 

19. Section 416.1861 is amended by 

redesignating paragraphs (b), (c), (d), (e) 

and (f) as (c), (d), (e), (f) and (g), and 

revising newly redesignated paragraph 

(f), and adding a new paragraph (b) to 

read as follows: 

§ 416.1861 Deciding whether you are a 

child: Are you a student? 

* * * * * 

(b) If you are instructed at home. You 

may be a student regularly attending 

school if you are instructed at home in 

grades 7–12 for at least 12 hours a week 

in accordance with a home school law 

of the State or other jurisdiction in 

which you reside. 

* * * * * 

(f) When we need evidence that you 

are a student. We need evidence that 

you are a student if you are 18 years old 

or older but under age 22, because we 

will not consider you to be a child 

unless we consider you to be a student. 

* * * * * 

60470 Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Proposed Rules 

20. Add a new undesignated centered 

heading and § 416.1870 to read as 

follows: 

Who Is Considered a Student for 

Purposes of the Student Earned Income 

Exclusion 

§ 416.1870 Effect of being considered a 

student. 

If we consider you to be a student, we 

will not count all of your earned income 

when we determine your SSI eligibility 

and benefit amount. If you are an 

ineligible spouse, ineligible parent or an 

essential person for deeming purposes 

and we consider you to be a student, we 

will not count all of your income when 

we determine how much of your income 

to deem. Section 416.1110 tells what we 

mean by earned income. Section 

416.1112(c)(3) tells how much of your 

earned income we will not count. 

Section 416.1161(a)(27) explains how 

the student earned income exclusion 

applies to deemors. 

21. Add a new § 416.1872 to read as 

follows: 

§ 416.1872 Who is considered a student. 

We consider you to be a student if you 

are under 22 years old and you regularly 

attend school or college or training that 

is designed to prepare you for a paying 

job as described in § 416.1861(a) 

through (e). 

22. Add a new § 416.1874 to read as 

follows: 

§ 416.1874 When we need evidence that 

you are a student. 

We need evidence that you are a 

student if you are under age 22 and you 

expect to earn over $65 in any month. 

Section 416.1861(g) explains what 

evidence we need. 

[FR Doc. 05–20803 Filed 10–17–05; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Part 517 

RIN 3141–AA21 

Freedom of Information Act 

Procedures 

AGENCY: National Indian Gaming 

Commission, Interior. 

ACTION: Proposed rule. 

SUMMARY: The purpose of this document 

is to propose to amend the procedures 

followed by the National Indian Gaming 

Commission (Commission) when 

processing a request under the Freedom 

of Information Act (FOIA), as amended 

so that the Commission will be in 

compliance with the provisions of the 

amendment. 

DATES: Written comments on this 

proposed rule must be received by 

November 17, 2005. 

ADDRESSES: Comment may be mailed to 

the National Indian Gaming 

Commission, FOIA Officer, 1441 L 

Street, NW., Suite 9100, Washington, 

DC 20005, delivered to that address 

between 8:30 a.m. and 5:30 p.m., 

Monday through Friday, or faxed to 

(202) 632–7066 (this is not a toll free 

number). Comments may be inspected 

between 9 a.m. and noon and between 

2 p.m. and 5 p.m., Monday through 

Friday, at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Jeannie McCoy at (202) 632–7003 or by 

fax (202) 632–7066 (these numbers are 

not toll free). 

SUPPLEMENTARY INFORMATION: The 

Indian Gaming Regulatory Act (IGRA), 

enacted on October 17, 1988, 

established the National Indian Gaming 

Commission (Commission). Congress 

enacted the FOIA in 1966 and last 

modified it with the Electronic Freedom 

of Information Act Amendments of 

1996. This amendment addresses FOIA 

reading rooms and those documents 

available electronically, agency backlogs 

of requests, change in fees, and 

preservation of records among other 

things. The proposed changes will bring 

the Commission in compliance with the 

FOIA, as amended. 

Regulatory Flexibility Act: The 

Commission certifies that the proposed 

rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). The factual basis for this 

certification is as follows: This rule is 

procedural in nature and will not 

impose substantive requirements that 

could be deemed impacts within the 

scope of the Act. For this reason, the 

Commission has concluded that the 

proposed rule will not have a significant 

impact on those small entities subject to 

the rule. 

Unfunded Mandates Reform Act: The 

Commission is an independent 

regulatory agency, and, as such, is not 

subject to the Unfunded Mandates 

Reform Act. Even so, the Commission 

has determined that this final rule does 

not impose an unfunded mandate on 

State, local, or tribal governments, or on 

the private sector, of more than $100 

million per year. Thus, it is not a 

‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act, 2 

U.S.C. 1501 et seq. Furthermore, this 

proposal will not have a unique effect 

on tribal governments. 

Small Business Regulatory 

Enforcement Fairness Act: The 

proposed rule is not a major rule under 

5 U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

The proposed rule will not result in an 

annual effect on the economy of more 

than $100 million per year; a major 

increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of U.S. based enterprises. 

Paperwork Reduction Act: The 

proposed rule does not contain any 

information collection requirements for 

which OMB approval under the 

Paperwork Reduction Act (44 U.S.C. 

3501–3520) would be required. 

National Environmental Policy Act: 

The Commission has determined that 

this proposed rule does not constitute a 

major Federal Action significantly 

affecting the quality of the human 

environment and that no detailed 

statement is required pursuant to the 

National Environmental Policy Act of 

1969. 

Dated: October 7, 2005. 

Philip N. Hogen, 

Chairman, National Indian Gaming 

Commission. 

List of Subjects in 25 CFR Part 517 

Freedom of information. 

Accordingly for the reasons set forth 

above, 25 CFR part 517 is proposed to 

be revised to read as follows: 

PART 517—FREEDOM OF 

INFORMATION ACT PROCEDURES 

Sec. 

517.1 General provisions. 

517.2 Public Reading Room. 

517.3 Definitions. 

517.4 Requirements for making requests. 

517.5 Responsibility for responding to 

requests. 

517.6 Timing of responses to requests. 

517.7 Confidential commercial information. 

517.8 Appeals. 

517.9 Fees. 

The authority citation continues to 

read as follows: 

Authority: 5 U.S.C. 552, as amended. 

§ 517.1 General provisions. 

This part contains the regulations the 

National Indian Gaming Commission 

(Commission) follows in implementing 

the Freedom of Information Act (FOIA) 

(5 U.S.C. 552) as amended. These 

regulations provide procedures by