Revised Regulation Section 404.630(c)

Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
without regard for subheading
9810.00.60, HTSUS.
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§§ 301.1, 301.2, 301.4, 301.5, 301.8, 301.9,
301.10 [Amended]

6. In addition to the amendments set
forth above, 15 CFR part 301 is amended
by removing ‘‘U.S. Customs Service’’,
‘‘U.S. Customs’’, or ‘‘Customs’’ and
adding ‘‘Customs and Border
Protection’’ in its place in the following
places:
a. Second sentence in § 301.1(d);
b. Fourth sentence in § 301.2(k);
c. Section 301.4 heading, and first
sentence of § 301.4(a) introductory text;
d. Second sentence in § 301.5(d)(ii);
e. Section 301.8 heading, § 301.8(a)(3),
(b) heading and first and second
sentences, and (d) first and second
sentences;
f. Section 301.9(b) and § 301.9(c); and
g. Second sentence in § 301.10(a).
§§ 301.7, 301.8, 301.9

[Amended]

7. In addition to the amendments set
forth above, 15 CFR part 301 is amended
by removing ‘‘Customs Port’’ and adding
‘‘CBP Port’’ in its place in the following
places:
a. First sentence in § 301.7(b);
b. Third and fourth sentences of
§ 301.8(a)(4); and
c. Third sentence of § 301.9(a).
David Spooner,
Assistant Secretary for Import
Administration, Department of Commerce.
W. Ralph Basham,
Commissioner, Customs and Border
Protection.
Timothy Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E8–29128 Filed 12–16–08; 8:45 am]
BILLING CODE 3510–DS–P; 9111–14–P

SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2007–0058]
RIN 0960–AG58

Use of Date of Written Statement as
Filing Date
Social Security Administration.
Notice of proposed rulemaking.

AGENCY:

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ACTION:

SUMMARY: We propose to revise our
rules for protective filing after we
receive a written statement of intent to
claim Social Security benefits under
title II of the Social Security Act (the
Act). Specifically, we propose to revise
from 6 months to 60 days the time
period during which you must file an

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application for benefits after the date of
a notice we send explaining the need to
file an application. We are proposing
this revision to make the time period
used in the title II program consistent
with the time period used in other
programs we administer under the Act.
We believe that eliminating the
difference between the time periods in
the programs we administer would
make it easier for the public to
understand and follow our rules.
DATES: To be sure that your comments
are considered, we must receive them
by February 17, 2009.
ADDRESSES: You may submit comments
by any one of four methods-Internet,
facsimile, regular mail, or handdelivery. Commenters should not
submit the same comments multiple
times or by more than one method.
Regardless of which of the following
methods you choose, please state that
your comments refer to Docket No.
SSA–2007–0058 to ensure that we can
associate your comments with the
correct regulation:
1. Federal eRulemaking portal at
http://www.regulations.gov. (This is the
most expedient method for submitting
your comments, and we strongly urge
you to use it.) In the Comment or
Submission section of the Web page,
type ‘‘SSA–2007–0058’’, select ‘‘Go,’’
and then click ‘‘Send a Comment or
Submission.’’ The Federal eRulemaking
portal issues you a tracking number
when you submit a comment.
2. Telefax to (410) 966–2830.
3. Letter to the Commissioner of
Social Security, P.O. Box 17703,
Baltimore, Maryland 21235–7703.
4. Deliver your comments to the
Office of Regulations, Social Security
Administration, 922 Altmeyer Building,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, between 8 a.m.
and 4:30 p.m. on regular business days.
All comments are posted on the
Federal eRulemaking portal, although
they may not appear for several days
after receipt of the comment. You may
also inspect the comments on regular
business days by making arrangements
with the contact person shown in this
preamble.
Caution: All comments we receive
from members of the public are
available for public viewing in their
entirety on the Federal eRulemaking
portal at http://www.regulations.gov.
Therefore, you should be careful to
include in your comments only
information that you wish to make
publicly available on the Internet. We
strongly urge you not to include any
personal information, such as your
Social Security number or medical
information, in your comments.

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FOR FURTHER INFORMATION CONTACT:
Martin Sussman, Office of Regulations,
Social Security Administration, 6401
Security Boulevard, Baltimore, MD
21235–6401. Call (410) 965–1767 for
further 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, or visit
our Internet Web site, Social Security
Online, at http://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:

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.
What rules are we proposing to revise?
Time Period To File an Application
after Submitting a Written Statement of
Intent To Claim Benefits
We propose to revise our regulations
at § 404.630(c), which explain when we
will use the date of a written statement
as your filing date for Social Security
benefits under title II of the Act. We will
use the date a written statement
indicating your intent to claim benefits
is filed with us as the date of your
application for benefits if certain
requirements are met. Under our current
regulations, you must file the
application for benefits within 6 months
after the date of a notice we send
advising you of the need to file an
application. We propose to revise the
time period to 60 days after the date of
such notice.
Why are we proposing to change our
rules?
As stated above, our current
protective filing rules under title II
allow us to protect your intent to file for
a 6-month period Our current rules also
allow for protective filing in the
supplemental security income program
under title XVI of the Act and the
special veterans benefits program under
title VIII of the Act. However, the time
period in which an application must be
filed in those programs is 60 days after
the date of the notice we send advising
you of the need to file an application.
Our program experience has shown
that the public may be confused by the
difference in time periods for protective
filing in the programs we administer,
and this confusion may cause them to
lose benefits. This is especially true
when claimants indicate they intend to
file concurrent applications for more
than one program, usually under titles
II and XVI of the Act. The proposed

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Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules

change to the time period in which to
file an application for benefits under
title II would simplify program policies
by making the time period consistent
across the programs we administer
under the Act.
The change we are proposing would
also help streamline procedures for our
field office employees who currently
use separate protective filing procedures
for claims under title II and title XVI.
For instance, the proposed revision
could reduce the need for separate
notices for each program, providing
instead for a single, combined notice.
The time savings for field office
employees would allow them to process
additional claims, and thereby allow us
to provide better public service.
Ultimately, this change would benefit
all applicants for Social Security
benefits.
By making the filing period 60 days
for title II, we encourage applicants to
pursue claims promptly, which can
reduce overall case processing time and
ultimately provide benefits in a shorter
period of time.
Moreover, expanded and updated
methods of filing, including Internet
applications, provide an opportunity to
apply promptly, which we believe
lessens the need for a 6-month
protective filing period.
What programs would these proposed
rules affect?

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These proposed rules would affect
claims for Social Security benefits under
title II of the Act. In addition, to the
extent that Medicare entitlement is
based on whether you qualify for
benefits under title II, these proposed
rules would also affect the Medicare
program.

What is our authority to make rules
and set procedures for determining
whether a person qualifies for benefits
under title II of the Act?
Section 205(a) of the Act provides
that:
The Commissioner of Social Security shall
have full power and authority to make rules
and regulations and to establish procedures,
not inconsistent with the provisions of this
title, which are necessary or appropriate to
carry out such provisions, and shall adopt
reasonable and proper rules and regulations
to regulate and provide for the nature and
extent of the proofs and evidence and the
method of taking and furnishing the same in
order to establish the right to benefits
hereunder.

When will we start to use these rules?
We will not use these rules until we
evaluate the public comments we
receive on them, determine whether
they should be issued as final rules, and
issue final rules in the Federal Register.
If we publish final rules, we will
explain in the preamble how we will
apply them. We will also summarize
and respond to any public comments.
Until the effective date of any final
rules, we will continue to use our
current rules.
Clarity of These Proposed Rules

Regulatory Procedures
Executive Order 12866, as Amended
We have consulted with the Office of
Management and Budget (OMB) and
determined that these proposed rules
meet the requirements for a significant
regulatory action under Executive Order
12866, as amended. Thus, they were
subject to OMB review.
Regulatory Flexibility Act
We certify that these proposed rules
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

Executive Order 12866, as amended,
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?

These proposed rules contain
reporting requirements in section
§ 404.630. These rules changes the
protective filing period from 6 months
to 60 days for title II claims. We
previously accounted for this public
reporting burden in the Information
Collection Requests for an existing form
the public uses to submit the
information to SSA. Consequently, we
are inserting a 1-hour placeholder
burden in this section.

Number of
respondents
(annually)

Frequency of
response

Average burden
per response
(minutes)

When members of the public state their
intent to claim title II Social Security
benefits, SSA sends them a notice telling them they must file an application
for these benefits. This regulation section changes the time period in which
they are required to file the application
from six months to 60 days..

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N/A .............................................................

............................

N/A

N/A

Regulation
section

Description of public reporting requirement

§ 404.630 ...........

Total ...........

SSA is submitting an Information
Collection Request for clearance of this
regulation section to OMB. We are
soliciting comments on the burden
estimate; the need for the information;
its practical utility; ways to enhance its

VerDate Aug<31>2005

• Do the rules contain technical
language or jargon that is not 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?

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quality, utility, and clarity; and ways to
minimize the burden on respondents,
including the use of automated
techniques or other forms of information
technology. If you would like to submit

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Estimated annual
burden
1 hour (placeholder
burden).

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comments, please send them to the
following locations:
Office of Management and Budget, Attn:
Desk Officer for SSA, Fax Number:
202–395–6974, E-mail address:
OIRA_Submission@omb.eop.gov;

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Federal Register / Vol. 73, No. 243 / Wednesday, December 17, 2008 / Proposed Rules
Social Security Administration, Attn:
Reports Clearance Officer, 1333
Annex, 6401 Security Blvd.,
Baltimore, MD 21235–0001, Fax
Number: 410–965–6400, E-mail:
OPLM.RCO@ssa.gov.
You can submit comments for up to
60 days after the publication of this
notice; however, your comments will be
most useful if you send them to SSA
within 30 days of publication. To
receive a copy of the OMB clearance
package, contact the SSA Reports
Clearance Officer using any of the above
contact methods. We prefer to receive
comments by e-mail or fax.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance.)

List of Subjects in 20 CFR Part 404
Administrative practice and
procedure; Blind, Disability benefits;
Old-Age, Survivors, and Disability
Insurance; Reporting and recordkeeping
requirements; Social Security.
Dated: September 18, 2008.
Michael J. Astrue,
Commissioner of Social Security.

For the reasons set out in the
preamble, we propose to amend subpart
G of part 404 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 G—[Amended]
1. The authority citation for subpart G
continues to read as follows:
Authority: Secs. 202 (i), (j), (o), (p), and (r),
205(a), 216(i)(2), 223(b), 228(a), and 702(a)(5)
of the Social Security Act (42 U.S.C. 402 (i),
(j), (o), (p), and (r), 405(a), 416(i)(2), 423(b),
428(a), and 902(a)(5)).

2. Amend § 404.630(c) by revising the
first sentence to read as follows:
§ 404.630 Use of date of written statement
as filing date.

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(c) The claimant files an application
with us on an application form as
described in § 404.611, or one is filed
for the claimant by a person described
in § 404.612, within 60 days after the
date of a notice we will send advising
of the need to file an
application. * * *
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DEPARTMENT OF STATE

DEPARTMENT OF HEALTH AND
HUMAN SERVICES

22 CFR Part 62

Office of Inspector General
[Public Notice: 6455]

42 CFR Part 1001

Exchange Visitor Program
Department of State.
ACTION: Proposed rule with request for
comment; withdrawal.
AGENCY:

SUMMARY: On December 10, 2008, the
State Department published in the
Federal Register a proposed rule titled
Exchange Visitor Program. The
Department amended the General
Provisions of the existing Exchange
Visitor Program regulations set forth at
22 CFR Part 62. This proposed rule is
being withdrawn because it was
submitted prior to a formal significance
designation being made by OMB. The
proposed rule is withdrawn in its
entirety.
DATES: The proposed rule published at
73 FR 75015, December 10, 2008, is
withdrawn effective December 16, 2008.
FOR FURTHER INFORMATION CONTACT:
Michael Cheman, U.S. Department of
State, Washington, DC 20547, (202)
312–9605.
SUPPLEMENTARY INFORMATION:

Background
On December 10, 2008, the State
Department published a proposed rule
at 73 FR 75015. The rule was intended
to amend the General Provisions
(Subpart A) of the existing Exchange
Visitor Program regulations set forth at
22 CFR part 62 in order to provide
greater specificity regarding program
administration, sponsor obligations and
participant eligibility in the Exchange
Visitor Program.
Reason for Withdrawal
This rule was published prior to
submission to OMB for formal
significance designation. The proposed
rule is withdrawn for OMB review.
Accordingly, the Department withdraws
the proposed rule ‘‘Exchange Visitor
Program’’, Public Notice: 6448, RIN
1400–AC36.
Withdrawal of the proposed rule does
not preclude the Department from
issuing another rule on the subject
matter in the future or committing the
agency to any future course of action.

[FR Doc. E8–29951 Filed 12–16–08; 8:45 am]

Dated: December 10, 2008.
Michael G. Cheman,
Deputy Director, Office of Directives
Management, Department of State.
[FR Doc. E8–29784 Filed 12–16–08; 8:45 am]

BILLING CODE 4191–02–P

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Solicitation of New Safe Harbors and
Special Fraud Alerts
AGENCY: Office of Inspector General
(OIG), HHS.
ACTION: Notice of intent to develop
regulations.
SUMMARY: In accordance with section
205 of the Health Insurance Portability
and Accountability Act (HIPAA) of
1996, this annual notice solicits
proposals and recommendations for
developing new and modifying existing
safe harbor provisions under the Federal
anti-kickback statute (section 1128B(b)
of the Social Security Act), as well as
developing new OIG Special Fraud
Alerts.
DATES: To assure consideration, public
comments must be delivered to the
address provided below by no later than
5 p.m. on February 17, 2009.
ADDRESSES: In commenting, please refer
to file code OIG–113–N. Because of staff
and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
three ways (no duplicates, please):
1. Electronically. You may submit
electronic comments on specific
recommendations and proposals
through the Federal eRulemaking Portal
at http://www.regulations.gov.
(Attachments should be in Microsoft
Word, if possible.)
2. By regular, express, or overnight
mail. You may send written comments
to the following address: Office of
Inspector General, Department of Health
and Human Services, Attention: OIG–
113–N, Room 5541, Cohen Building,
330 Independence Avenue, SW.,
Washington, DC 20201. Please allow
sufficient time for mailed comments to
be received before the close of the
comment period.
3. By hand or courier. If you prefer,
you may deliver, by hand or courier,
your written comments before the close
of the comment period to Office of
Inspector General, Department of Health
and Human Services, Cohen Building,
330 Independence Avenue, SW.,
Washington, DC 20201. Because access
to the interior of the Cohen Building is
not readily available to persons without
Federal Government identification,
commenters are encouraged to schedule
their delivery with one of our staff
members at (202) 619–1343.

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