[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Rules and Regulations]
[Pages 73135-73136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23836]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 423

RIN 0960-AG34


Service of Process

AGENCY: Social Security Administration (SSA).

ACTION: Final rules.

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SUMMARY: We are amending our rules regarding service of legal process 
in lawsuits involving judicial review of Agency final decisions on 
individual claims for benefits under titles II, VIII, and/or XVI of the 
Social Security Act (Act). Under the current rules, summonses and 
complaints in these types of cases are required to be sent to the 
Social Security Administration (SSA), Office of the General Counsel 
(OGC) in Baltimore, Maryland. These final rules provide that summonses 
and complaints in these types of cases shall be mailed directly to the 
OGC office that is responsible for the processing and handling of 
litigation in the particular jurisdiction in which the complaint has 
been filed. The names and addresses of those offices, and the 
jurisdictions for which they are currently responsible, are detailed in 
a separate notice in the Notices section of today's Federal Register. 
Future changes in the addresses and/or jurisdictional responsibilities 
of these offices will similarly be published in the Federal Register. 
Current procedures for service of summonses and complaints in all other 
types of cases filed against SSA, i.e., those that do not involve 
judicial review of Agency final decisions on individual claims for 
benefits under titles II, VIII, and/or XVI of the Act, are not affected 
by this change.

DATES: These regulations are effective December 9, 2005.
    Electronic Version: The electronic file of this document is 
available on the date of publication in the Federal Register on the 
Internet site for the Government Printing Office, http://www.gpoaccess.gov/fr/index.html.

FOR FURTHER INFORMATION CONTACT: Lawrence A. Levey, Office of the 
General Counsel, Office of Program Law, Social Security Administration, 
6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-3460.

SUPPLEMENTARY INFORMATION: The current rules at 20 CFR part 423, 
entitled Service of Process, have been in effect since April 14, 1995, 
and reflect essentially the same procedures and practices that were 
applicable to SSA when it was a component of the Department of Health 
and Human Services. At that time, the OGC office in Baltimore was our 
office of record for all nationwide litigation involving judicial 
review of individual benefit claims arising under titles II, VIII, and/
or XVI of the Act (transcript litigation). We recently have changed 
some of our procedures for the processing and handling of this 
litigation. In particular, the Regional Chief Counsels' offices are now 
the OGC offices of record for their specific assigned jurisdictions. 
The current rules, which require that all summonses and complaints be 
mailed to SSA's General Counsel in Baltimore, Maryland, do not reflect 
these changes of responsibility.
    These new rules more accurately reflect SSA's current procedures 
for the processing and handling of transcript litigation cases. 
Pursuant to these rules, summonses and complaints in transcript 
litigation cases shall be mailed directly to the OGC office that is 
responsible for the processing and handling of litigation in the 
particular jurisdiction in which the complaint has been filed. This 
change is designed to eliminate the need for unnecessary transfers 
between OGC offices, to reduce delays on SSA's part in responding to 
summonses and complaints, and to improve the efficiency of SSA's 
litigation processes.

Explanation of Changes

    We are revising Sec.  423.1 by providing, in a new paragraph (a), 
that summonses and complaints in transcript litigation cases shall be 
served by mailing them directly to the OGC office which is responsible 
for the processing and handling of litigation in the particular

[[Page 73136]]

jurisdiction in which the complaint has been filed. Paragraph (a) 
further provides that the names, addresses, and jurisdictional 
responsibilities of the various OGC offices will be published in the 
Federal Register and made available on-line at SSA's Internet site, 
http://www.socialsecurity.gov. The current procedures for service of 
complaints and summonses in cases that do not involve judicial review 
of individual benefit claims arising under titles II, VIII, and/or XVI 
of the Act are unaffected by this change, and are set forth in a new 
paragraph (b).
    Since complaints and summonses in cases falling within the purview 
of Sec.  423.1 are appropriately served upon the Commissioner, we have 
also removed from that section the current reference to service upon 
``other employees of the Social Security Administration in their 
official capacities.''

Regulatory Procedures

    Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C. 
902(a)(5), as amended by section 102 of Public Law 103-296, SSA follows 
the Administrative Procedure Act (APA) rulemaking procedures specified 
in 5 U.S.C. 553 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.
    In the case of these final rules, we have determined that, under 5 
U.S.C. 553(b)(B), good cause exists for dispensing with the notice and 
public comment procedures. Good cause exists because these regulations 
merely conform our rules on service of process to our internal 
distribution of responsibility for the handling and processing of 
litigation, contain no substantive changes in policy or interpretation, 
and have no significant effect upon claimants for benefits or payments 
under the programs we administer and no significant effect upon the 
public. In addition, these rules provide only rules of practice and 
procedure which do not require public comment procedures. Therefore, 
opportunity for prior comment is unnecessary, and we are issuing these 
regulations as final rules.
    In addition, we find good cause for dispensing with the 30-day 
delay in the effective date of a substantive rule provided by 5 U.S.C. 
553(d). For the reasons cited above, we find that it is in the public 
interest to make this final rule effective on the date of publication.

Executive Order 12866, as Amended by Executive Order 13258

    We have consulted with the Office of Management and Budget (OMB) 
and determined that these proposed regulations do not meet the criteria 
for a significant regulatory action under Executive Order (E.O.) 12866, 
as amended by E.O. 13258. Thus, they were not subject to OMB review. We 
have also determined that these rules meet the plain language 
requirement of Executive Order 12866, as amended by Executive Order 
13258.

Regulatory Flexibility Act

    We certify that these final regulations will not have a significant 
economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act, as amended, 5 U.S.C. 601 et 
seq., as they affect only individuals. Therefore, a regulatory 
flexibility analysis as provided in the Regulatory Flexibility Act, as 
amended, is not required.

Paperwork Reduction Act

    These final regulations impose no additional information collection 
requirements requiring OMB clearance under the Paperwork Reduction Act 
of 1995, 44 U.S.C. 3501, et seq.

(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 in 20 CFR Part 423

    Courts.

    Dated: December 5, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.


0
For the reasons set forth in the preamble, we are amending part 423 of 
title 20 of the Code of Federal Regulations as follows:

PART 423--SERVICE OF PROCESS

0
1. The authority citation for part 423 continues to read as follows:

    Authority: Secs. 701 and 702(a)(5) of the Social Security Act 
(42 U.S.C. 901 and 902(a)(5)).

0
2. Section 423.1 is revised to read as follows:


Sec.  423.1  Suits against the Social Security Administration and its 
employees in their official capacities.

    (a) Suits involving claims arising under Titles II, VIII, and/or 
XVI. In cases seeking judicial review of final Agency decisions on 
individual claims for benefits under titles II, VIII, and/or XVI of the 
Social Security Act, summonses and complaints to be served by mail on 
the Social Security Administration or the Commissioner of Social 
Security should be sent to the office in the Social Security 
Administration's Office of the General Counsel that is responsible for 
the processing and handling of litigation in the particular 
jurisdiction in which the complaint has been filed. The names, 
addresses, and jurisdictional responsibilities of these offices are 
published in the Federal Register, and are available on-line at the 
Social Security Administration's Internet site, http://www.socialsecurity.gov.
    (b) Other suits. In cases that do not involve claims described in 
paragraph (a) of this section, summonses and complaints to be served by 
mail on the Social Security Administration or the Commissioner of 
Social Security should be sent to the General Counsel, Social Security 
Administration, Room 617, Altmeyer Building, 6401 Security Boulevard, 
Baltimore, MD 21235.

[FR Doc. 05-23836 Filed 12-8-05; 8:45 am]
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