[Federal Register Volume 68, Number 204 (Wednesday, October 22, 2003)]
[Rules and Regulations]
[Pages 60294-60295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26586]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 402

[Regulations No. 2]
RIN 0960-AF91


Availability of Information and Records to the Public

AGENCY: Social Security Administration.

ACTION: Final rules.

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[[Page 60295]]

SUMMARY: These final rules amend our regulations to reflect 
organizational changes and to correct a typographical error. We are 
changing the title of the official responsible for decisions on Freedom 
of Information Act (FOIA) requests to conform to organizational 
changes. These revisions will inform the public of the change in the 
official designated as SSA's Freedom of Information Officer.

EFFECTIVE DATE: October 22, 2003.

FOR FURTHER INFORMATION CONTACT: Ethel Burrows, Social Insurance 
Specialist, Office of Public Disclosure, Office of the General Counsel, 
1500 Dunleavy Building, Social Security Administration, 6401 Security 
Boulevard, Baltimore, Maryland 21235-6401, [email protected], (410) 
965-3948 or TTY (410) 966-5609 for information about this rule. For 
information on eligibility or filing for benefits: Call our national 
toll-free numbers, 1-800-772-1213 or TTY 1-800-325-0778 or visit our 
Internet website, Social Security Online, at http://www.socialsecurity.gov.

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.

SUPPLEMENTARY INFORMATION: On October 10, 2002, we published a notice 
of organizational and functional changes within the Office of the 
General Counsel (OGC) (67 FR 63185). The notice established the Office 
of Public Disclosure in OGC, which is now responsible for FOIA 
activities in SSA. The Office of Program Support, Office of Disclosure 
Policy previously performed this function, in the Office of Disability 
and Income Security Programs. On November 15, 2002, we published a 
notice deleting the Office of Program Support as an organization (67 FR 
69287).
    We last published final rules revising these sections in the 
Federal Register on January 29, 1997 (62 FR 4154). These changes we are 
publishing today do not affect any programs or the eligibility criteria 
for any programs.

Regulatory Procedures

Justification for Final Rule and for Waiving the 30-Day Delay in the 
Effective Date

    Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C. 
902(a)(5), we follow the Administrative Procedure Act (APA), 5 U.S.C. 
553. The APA provides exceptions to its notice and public comment 
procedures when an agency finds there is good cause for dispensing with 
such procedures because they are impracticable, unnecessary, or 
contrary to the public interest. We have determined that, under 5 
U.S.C. 553(b)(B), good cause exists for dispensing with the notice of 
proposed rulemaking and public comment procedures for these rules. Good 
cause exists because we are making no substantive changes in these 
final rules. We are merely updating the sections of our regulations 
where the organizational structure changed for the Office of Public 
Disclosure and making one typographical correction. Therefore, we have 
determined that opportunity for prior comment is unnecessary, and we 
are issuing this regulation as final rules. In addition, we find good 
cause for dispensing with the 30-day delay in the effective date of a 
substantive rule provided by 5 U.S.C. 553(d). As explained above, we 
are not making any substantive changes in our regulations.

Executive Order 12866, as Amended by Executive Order 13258

    We have consulted with the Office of Management and Budget (OMB) 
and determined that these final rules do not meet the criteria for a 
significant regulatory action under Executive Order 12866, as amended 
by Executive Order 13258. 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. Therefore, a 
regulatory flexibility analysis as provided in the Regulatory 
Flexibility Act, as amended, is not required.

Paperwork Reduction Act

    These rules impose no additional reporting and recordkeeping 
requirements that require OMB clearance.

(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; and 96.020 Special Benefits for 
Certain World War II Veterans.)

List of Subjects in 20 CFR Part 402

    Administrative practice and procedure, Archives and records, 
Freedom of information.

    Dated: October 10, 2003.
Jo Anne B. Barnhart,
Commissioner of Social Security.

0
For the reasons set out in the preamble, we are amending part 402 of 
chapter III of title 20 of the Code of Federal Regulations as follows:

PART 402--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC

0
1. The authority citation for part 402 continues to read as follows:

    Authority: Secs. 205, 702(a)(5), and 1106 of the Social Security 
Act; (42 U.S.C. 405, 902(a)(5), and 1306); 5 U.S.C. 552 and 552a; 8 
U.S.C. 1360; 18 U.S.C. 1905, 26 U.S.C. 6103; 36 U.S.C. 923b; 31 
U.S.C. 9701; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235.


0
2. Section 402.125 is amended by removing the words ``Director, Office 
of Disclosure Policy'' and adding in their place the words ``Deputy 
Executive Director for the Office of Public Disclosure, Office of the 
General Counsel.''

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3. Section 402.135 is amended by removing the words ``The Director, 
Office of Disclosure Policy'' and adding in their place the words ``The 
Deputy Executive Director for the Office of Public Disclosure, Office 
of the General Counsel.''

0
4. In section 402.180, paragraph (a), the cross-reference to Sec.  
402.120 is revised to Sec.  402.140.

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5. In Sec.  402.190, paragraph (a) is amended by removing the words 
``Director, Office of Disclosure Policy'' and adding in their place the 
words ``Deputy Executive Director for the Office of Public Disclosure, 
Office of the General Counsel.''

0
6. Section 402.195, paragraph (a) is amended by removing the words 
``Director of the Office of Disclosure Policy'' and adding in their 
place the words ``Deputy Executive Director for the Office of Public 
Disclosure, Office of the General Counsel.''

[FR Doc. 03-26586 Filed 10-21-03; 8:45 am]
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