Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations 18991

PART 123—CUSTOMS RELATIONS

WITH CANADA AND MEXICO

1. The general authority citation for

part 123 is revised to read as follows:

Authority: 19 U.S.C. 66, 1202 (General

Note 20, Harmonized Tariff Schedule of the

United States (HTSUS)), 1431, 1433, 1624;

* * * * *

PART 128—EXPRESS

CONSIGNMENTS

1. The authority citation for part 128

continues to read as follows:

Authority: 19 U.S.C. 66, 1202 (General

Note 20, Harmonized Tariff Schedule of the

United States (HTSUS)), 1321, 1484, 1498,

1551, 1555, 1556, 1565, 1624.

§ 128.24 [Amended]

2. In § 128.24, the second sentence in

paragraph (e) is amended by adding the

words ‘‘on the manifest’’ following the

words ‘‘Such shipments must be

segregated’’.

PART 143—SPECIAL ENTRY

PROCEDURES

1. The authority for part 143

continues to read as follows:

Authority: 19 U.S.C. 66, 1481, 1484, 1498,

1624.

2. In § 143.23, paragraph (j)(5) is

amended by removing the word ‘‘and’’;

paragraph (j)(6) is redesignated

paragraph (j)(7); and by adding a new

paragraph (j)(6) to read as follows:

§ 143.23 Form of entry.

* * * * *

(j) * * *

(6) Shipping weight; and

* * * * *

§ 143.26 [Amended]

3. In § 143.26, paragraphs (a) and (b)

are each amended by adding the words

‘‘, using reasonable care,’’ after the

words ‘‘may be entered’’.

PART 159—LIQUIDATION OF DUTIES

1. The authority citation for part 159

is revised to read as follows:

Authority: 19 U.S.C. 66, 1500, 1504, 1624.

Subpart C also issued under 31 U.S.C. 5151.

Additional authority and statutes interpreted

or applied are cited in the text or following

the sections affected.

PART 178—APPROVAL OF

INFORMATION COLLECTION

REQUIREMENTS

1. The authority citation for part 178

continues to read as follows:

Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44

U.S.C. 3501 et seq.

2. Section 178.2 is amended by

adding, in appropriate numerical order

according to the section number under

the column indicated, the following

information to read as follows:

19 CFR section descriptionOMB control No.

* * * * *

§ 128.21 Specific description of merchandise.1515–0069

§ 128.23 Requirement of

submission of

Customs-approved bar-coded

entry numbers

for ACS processing.

1515–0069

§ 128.24 Requirement for Invoice, Advance

Manifest, or Immediate Delivery

application form.

1515–0069

* * * * *

§ 141.4 Requirement to

make entry unless specifically

exempt.

1515–0065

§ 143.23 Requirement to file

entry summary

form.

1515–0065

Michael H. Lane,

Acting Commissioner of Customs.

Approved: March 20, 1995.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 95–9192 Filed 4–13–95; 8:45 am]

BILLING CODE 4820–02–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Chapter III and Part 423

RIN 0960–AE07

Service of Process

AGENCY: Social Security Administration.

ACTION: Final rules.

SUMMARY: The Social Security

Independence and Program

Improvements Act of 1994 (SSIPIA),

established the Social Security

Administration (SSA) as an

independent agency in the Executive

Branch of the U.S. Government effective

March 31, 1995. The Social Security

Administration will continue to be

responsible for the administration of the

old-age, survivors, and disability

insurance (OASDI) and the

Supplemental Security Income (SSI)

programs. The SSA is also required to

continue to assist in the administration

of the Medicare program, the Black

Lung program, and the Coal Industry

Retirees Health Benefits Act. Prior to

March 31, 1995, SSA was an operating

component of the Department of Health

and Human Services (DHHS). These

final rules generally adopt as SSA rules

the same procedures and practices on

service of legal process applicable to

DHHS. These final rules also remove

‘‘Department of Health and Human

Services’’ from the heading of Chapter

III of title 20 of the Code of Federal

Regulations.

EFFECTIVE DATE: April 14, 1995.

FOR FURTHER INFORMATION CONTACT:

Harry J. Short, Legal Assistant, 3–B–1

Operations Building, 6401 Security

Boulevard, Baltimore, MD 21235, (410)

965–6243.

SUPPLEMENTARY INFORMATION:

Background

The rules at 45 CFR Part 4, entitled

Service of Process, prescribe the

procedures DHHS follows regarding

service of legal process in lawsuits

brought against the Department and its

employees and in other process directed

at the Department or its employees.

These final rules adopt, with minor

changes, the same procedures and

practices set out in 45 CFR Part 4 that

were applicable to SSA when it was a

component of DHHS. All changes are

technical, that is, changes in names,

titles, addresses and legal citations. The

changes in legal citations are due to

changes to the Federal Rules of Civil

Procedure (FRCP) effective December 1,

1993.

DHHS Policies Continued by SSA

These final rules contain SSA’s

method of service of legal process and

reflect Rule 4 of the FRCP regarding

service of process in civil litigation in

Federal courts, including service on

Federal agencies and officials. Rule

(4)(i) specifies that service on a Federal

agency or officer is to be made by

sending a copy of the summons and

complaint to the officer or agency by

registered or certified mail.

These final rules also provide that

service of a summons and complaint on

SSA or on any SSA official sued in his

or her official capacity may be made by

mailing a copy to SSA’s General

Counsel. Such service will constitute

service on SSA or the official, as

required by Rule 4 of the FRCP. Process

mailed directly to SSA’s General

Counsel will avoid the delays

encountered when documents must be

transferred from other offices.

The General Counsel will also accept

service of subpoenas and other process

served on the Commissioner or on SSA.

These final rules specify certain

employees in the Office of the General
18992 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations

Counsel who are authorized to accept

such process when it is served by an

individual personally rather than

mailed. Subpoenas and other legal

process directed to other than the

specified officials of SSA will not be

accepted unless special arrangements

for acceptance of process are made in a

particular case.

The Office of the General Counsel is

authorized, but not required, to accept

service of summonses and complaints

initiating lawsuits against an SSA

employee when the employee is sued in

his or her individual capacity and the

suit relates to the employee’s official

duties. Such service must nevertheless

be accomplished in accordance with the

provisions of Rule 4 applicable to

service on individual defendants or, in

the case of suits brought in State courts,

in accordance with the applicable State

requirements.

These final rules state that SSA will

not ordinarily provide a receipt or other

acknowledgment of process received,

except for a return receipt associated

with certified mail. Plaintiffs mailing a

summons and complaint sometimes

have enclosed a form by which they

seek acknowledgment of receipt of the

process. Completion of such forms is

not required or contemplated by Rule 4.

Since completion of the forms is timeconsuming and creates unnecessary

work for SSA employees, these rules

reiterate the continuing practice of not

returning such forms. Where an SSA

official is sued in his or her individual

capacity however, and service is

accomplished pursuant to Rule 4(e) of

the FRCP, SSA may return the

acknowledgment form described in Rule

4(e).

Regulatory Procedures

SSA follows the Notice of Proposed

Rulemaking and public comment

procedures specified in the

Administrative Procedure Act (the

APA), 5 U.S.C. 553 (b) and (c), 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, since

these final rules generally reflect a

continuation of the procedures and

practices in effect when SSA was a

component of DHHS, notice of proposed

rulemaking and public comment

procedures are unnecessary. The only

changes are revisions in names,

addresses, titles, legal citations and a

heading. In addition, these final rules

provide only rules of practice and

procedure which do not require public

comment procedures.

Executive Order (E.O.) No. 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that these rules do not meet

the criteria for a significant regulatory

action under E.O. 12866. Thus, they

were not subject to OMB review.

Regulatory Flexibility Act

We certify that these final rules will

not have a significant economic impact

on a substantial number of small entities

because these rules affect only

individuals and States. Therefore, a

regulatory flexibility analysis as

provided in Pub. L. 96–354, the

Regulatory Flexibility Act, is not

required.

Paperwork Reduction Act

These final rules impose no

additional reporting and recordkeeping

requirements subject to OMB clearance.

(Catalog of Federal Domestic Assistance

Program Nos. 93.802, Social SecurityDisability Insurance; 93.803, Social SecurityRetirement Insurance; 93.805, Social

Security-Survivors Insurance; 93.806, Special

Benefits for Disabled Coal Miners; 93.807,

Supplemental Security Income)

List of Subjects in 20 CFR Part 423

Courts.

Approved: March 30, 1995.

Shirley S. Chater,

Commissioner of Social Security.

For the reasons set out in the

preamble and under the authority of 42

U.S.C. 1302, Chapter III of Title 20 of

the Code of Federal Regulations is

amended as follows:

1. The heading for Chapter III of Title

20 of the Code of Federal Regulations is

revised to read as follows:

CHAPTER III—SOCIAL SECURITY

ADMINISTRATION

2. A new part 423 is added to read as

follows:

PART 423—SERVICE OF PROCESS

Sec.

423.1 Suits against the Social Security

Administration and its employees in

their official capacities.

423.3 Other process directed to the Social

Security Administration or the

Commissioner.

423.5 Process against Social Security

Administration officials in their

individual capacities.

423.7 Acknowledgment of mailed process.

423.9 Effect of regulations in this part.

Authority: 42 U.S.C. 901.

§ 423.1 Suits against the Social Security

Administration and its employees in their

official capacities.

Summonses and complaints to be

served by mail on the Social Security

Administration, the Commissioner of

Social Security, or other employees of

the Social Security Administration in

their official capacities should be sent to

the General Counsel, Social Security

Administration, Room 611, Altmeyer

Building, 6401 Security Boulevard,

Baltimore, MD 21235.

§ 423.3 Other process directed to the

Social Security Administration or the

Commissioner.

Subpoenas and other process (other

than summonses and complaints) that

are required to be served on the Social

Security Administration or the

Commissioner of Social Security in his

or her official capacity should be served

as follows:

(a) If authorized by law to be served

by mail, any mailed process should be

sent to the General Counsel, Social

Security Administration, Room 611,

Altmeyer Building, 6401 Security

Boulevard, Baltimore, MD 21235.

(b) If served by an individual, the

process should be delivered to the mail

room staff in the Office of the General

Counsel, Room 611, 6401 Security

Blvd., Baltimore, MD 21235 or, in the

absence of that staff, to any Deputy

General Counsel or secretary to any

Deputy General Counsel of the Social

Security Administration.

§ 423.5 Process against Social Security

Administration officials in their individual

capacities.

Process to be served on Social

Security Administration officials in

their individual capacities must be

served in compliance with the

requirements for service of process on

individuals who are not governmental

officials. The Office of the General

Counsel is authorized but not required

to accept process to be served on Social

Security Administration officials in

their individual capacities if the suit

relates to an employee’s official duties.

§ 423.7 Acknowledgment of mailed

process.

The Social Security Administration

will not provide a receipt or other

acknowledgment of process received,

except for a return receipt associated

with certified mail and, where required,

the acknowledgment described in rule

4(e) of the Federal Rules of Civil

Procedure (28 U.S.C. App. 4(e)).

§ 423.9 Effect of regulations in this part.

The regulations in this part are

intended solely to identify Social
Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Rules and Regulations 18993

Security Administration officials who

are authorized to accept service of

process. Litigants must comply with all

requirements pertaining to service of

process that are established by statute

and court rule even though they are not

repeated in this part.

[FR Doc. 95–9030 Filed 4–13–95; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF LABOR

Employment and Training

Administration

20 CFR Part 638

Job Corps: Allowances and Allotments

AGENCY: Employment and Training

Administration, Labor.

ACTION: Final rule.

SUMMARY: Job Corps is amending its

regulations on student allowances and

allotments. The objectives are: to

increase the length of enrollment

requirements for readjustment

allowance eligibility, in order to

encourage students to lengthen their

enrollment and maximize Job Corps

offerings and benefits; and to amend the

allotment section to coincide with

revisions in readjustment allowance

accrual.

EFFECTIVE DATE: May 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Dana Davidson Johnson, Office of Job

Corps, Division of Program Management

and Review. Telephone: (202) 219–6568

(this is not a toll-free number).

SUPPLEMENTARY INFORMATION: Job Corps

is implementing a new pay and

allotment system which will provide

students with enough money to meet

their basic needs, while adding greater

incentives than are available in the

current system to encourage student

retention, performance, program

completion, and length of enrollment.

The rule enables the Job Corps Director

to increase the number of paid days for

eligibility for readjustment allowances.

This will encourage students to stay in

the program longer. Students thus can

be better prepared for employment,

particularly because this added time

will encourage students to acquire

social skills along with vocational and

academic training.

Payroll will be conducted on a

biweekly schedule versus the current

twice-monthly procedure. The rule ties

into the implementation of the new

Student Pay, Allowance and

Management Information System

(SPAMIS) utilized by Job Corps. The

new pay system will be much more

responsive than the current system,

with individual student pay levels and

leave status maintained on a current

basis and status changes made by the

Job Corps Centers as they occur. The

rule allows the accrual of readjustment

allowances to be set for each paid day

and allotments to be processed on a

biweekly basis.

This was published as a proposed

rule, with a request for comments, on

November 1, 1994, 59 FR 54539–54540.

Only one comment was received in

response to the proposed rule—the

Georgia Department of Labor encourages

Job Corps to promulgate the rule in final

as proposed. The Department of Labor

agrees and in this document is doing so.

This rule applies only to allowances

and allotments for Job Corps students.

The rule is not classified as a

‘‘significant regulatory action’’ under

Executive Order 12866, ‘‘Regulatory

Planning and Review’’. It does not (1)

materially alter the budgetary impact of

entitlements or the rights and

obligations of recipients thereof; or (2)

raise novel legal or policy issues arising

out of legal mandates in the President’s

priorities. It is not likely (3) to result in

having an annual effect on the economy

of $100 million or more; or (4) to create

a serious inconsistency or interfere with

action taken or planned by another

agency. As required by the Regulatory

Flexibility Act, the Department of Labor

at the time the proposed rule was

published, notified the Chief Counsel

for Advocacy, Small Business

Administration, and made the

certification pursuant to 5 U.S.C. 605(b)

that this rule will not have a significant

economic impact on a substantial

number of small entities.

List of Subjects in 20 CFR Part 638

Contract programs, Labor, Training

and employment programs.

Final Rule

Accordingly, 20 CFR part 638 is

amended as follows:

1. The authority for part 638

continues to read as follows:

Authority: 29 U.S.C. 1579(a).

2. In § 638.524, paragraphs (b) and (c)

are revised to read as follows:

§ 638.524 Allowances and allotments.

* * * * *

(b) The Job Corps Director shall

ensure that each student receives a

readjustment allowance for each paid

day of satisfactory participation in Job

Corps after termination from the

program if he/she terminates after 210

days in pay status or after 180 days if

he/she is a maximum benefits or

vocational completer. In the event that

a student receives a medical

termination, he/she shall be eligible for

the accrued readjustment allowance,

regardless of length of stay or other

considerations. See also paragraph (d) of

this section. (Section 429(c)).

(c) The Job Corps Director shall

establish procedures to allow students

to authorize deductions from their

readjustment allowance, which shall be

matched by an equal amount from Job

Corps funds and sent biweekly as an

allotment by the SPAMIS Data Center to

the student’s spouse, child(ren) or other

dependent, if such spouse, child(ren) or

other dependent resides in any State in

the United States.

* * * * *

Signed at Washington, DC, this 3rd day of

April 1995.

Robert B. Reich,

Secretary of Labor.

[FR Doc. 95–9277 Filed 4–13–95; 8:45 am]

BILLING CODE 4510–30–M

Occupational Safety and Health

Administration

29 CFR Part 1960

Basic Program Elements for Federal

Employee Occupational Safety and

Health Programs; Recordkeeping

Requirements

AGENCY: Occupational Safety and Health

Administration, Labor.

ACTION: Final rule.

SUMMARY: OSHA is amending the

recordkeeping requirements of its basic

program element for Federal employee

occupational safety and health

programs. The changes hereby being

made in 29 CFR part 1960 reflect the

reporting requirements for private sector

employers set forth at 29 CFR 1904.8.

EFFECTIVE DATE: This regulation is

effective April 14, 1995.

FOR FURTHER INFORMATION CONTACT: Mr.

John E. Plummer, Director, Office of

Federal Agency Programs, Room N3112,

U.S. Department of Labor, 200

Constitution Avenue, NW., Washington,

D.C., 20210 (202–219–9329).

SUPPLEMENTARY INFORMATION: This

modification to the requirements for

reporting of fatalities and catastrophes

occurring in Federal agencies set forth at

29 CFR 1960.70 is undertaken to make

the reporting of such occurrences

involving employees of the Federal

government the same as those in private

industry. The Federal workers should

enjoy the same level of protection

afforded an employee in the private