[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Proposed Rules]
[Pages 45991-45992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16140]


=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 422

[Docket No. SSA-2007-0009]
RIN 0960-AG36


Private Printing of Prescribed Applications, Forms, and Other 
Publications

AGENCY: Social Security Administration.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The current regulation at 20 CFR 422.527 requires a person, 
institution, or organization (person) to obtain approval from the 
Social Security Administration (SSA) prior to reproducing, duplicating, 
or privately printing any application or other form prescribed by the 
Administration. Such approval has been required whether or not the 
person intended to charge a fee for SSA's application(s) or other 
form(s). Section 1140(a)(2)(A) of the Social Security Act (the Act) 
prohibits a person from charging a fee to reproduce, reprint, or 
distribute any SSA application, form, or publication unless he/she 
obtains the authorization of the Commissioner of Social Security in 
accordance with such regulations as he may prescribe. (42 U.S.C. 1320b-
10(a)(2)(A)). This proposed rule would implement section 1140(a)(2)(A) 
of the Act by adding SSA's publications to the pre-authorization 
requirement identified in 20 CFR 422.527 and by establishing that SSA's 
authorization is required only when the person intends to charge a fee. 
The proposed rule also would prescribe the procedures a person who 
intends to charge a fee must follow to obtain SSA's written 
authorization prior to reproducing, reprinting, and/or distributing 
SSA's applications, forms, or publications.

DATES: To be sure your comments are considered, we must receive the 
comments on or before October 15, 2007.

ADDRESSES: You may give us your comments by: Internet through the 
Federal eRulemaking portal at http://www.regulations.gov; sending a 
telefax to (410) 966-2830; or mailing a letter to the Commissioner of 
Social Security, P.O. Box 17703, Baltimore, Maryland 21235-7703. You 
may also deliver your comments 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 the Federal eRulemaking 
portal, or you may inspect them on a regular business days by making 
arrangements with the contact person shown in this preamble.

FOR FURTHER INFORMATION CONTACT: You may contact Renee Williams, Forms 
Management Team, Office of Publications and Logistics Management, 1325 
Annex Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401 
(410) 965-4163, for information about this regulation. For information 
on eligibility or claiming benefits, please call our national toll-free 
numbers, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet 
site, SSA Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: 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.

Background

    The current regulation at 20 CFR 422.527 requires any person who 
wishes to reproduce, duplicate, or privately print any application or 
other form prescribed by SSA to obtain prior approval of such use from 
SSA. Consistent with the requirements of 20 CFR 422.527, in 1992, SSA 
began approving requests from the public to duplicate or privately 
print the Administration's applications or other forms. The requirement 
to obtain SSA approval applied whether or not the person intended to 
charge a fee.

[[Page 45992]]

    Section 312(a) of the Social Security Independence and Program 
Improvement Act (SSIPA) amended the Social Security Act (the Act) and, 
among other things, added section 1140(a)(2)(A) to the Act. Pub. L. 
103-296, Sec. 312(a) (codified as 42 U.S.C. Sec.  1320b-10(a)(2)(A)). 
This section prohibits any person from charging a fee to reproduce, 
reprint, or distribute SSA's official applications, forms, or 
publications unless the Commissioner grants the person specific written 
authorization in accordance with regulations which the Commissioner 
shall prescribe. This proposed rule would implement section 312(a) of 
the SSIPA by adding SSA publications to the current regulation and by 
providing for SSA's prior approval of requests to reproduce, reprint, 
and/or distribute its applications, forms, or publications when the 
person intends to charge a fee. Furthermore, our proposed rule would 
implement section 312(a) by establishing the procedure any person who 
intends to charge a fee for reproducing, reprinting, or distributing 
SSA materials must follow to obtain SSA's prior approval. The 
requirement to obtain SSA's prior approval would apply regardless of 
the means the person uses to transmit the document, e.g., Internet or 
direct mail. This regulation would help to ensure that consumers obtain 
accurate and current materials and information regarding the 
Administration's programs.

Clarity of This Regulation

    Executive Order 12866, as amended, requires each agency to write 
all rules in plain language. In addition to your substantive comments 
on this proposed rule, we invite your comments on how to make this 
proposed rule easier to understand.
    For example:
     Have we organized the material to suit your needs?
     Are the requirements of the rule clearly stated?
     Does the rule contain technical language or jargon that 
isn't clear?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the rule easier to understand?
     Would more (but shorter) sections be better?
     Could we improve the clarity by adding tables, lists, or 
diagrams?
     What else could we do to make the rule easier to 
understand?

Regulatory Procedures

Executive Order 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that this proposed rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as amended.

Regulatory Flexibility Act

    We certify that this proposed regulation 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

    The proposed rule at 20 CFR 422.527 contains information collection 
requirements. SSA will collect the information called for in this 
regulation using Form SSA-1010, Request to Reproduce, Duplicate, or 
Distribute SSA Forms, Applications, or Publications.
    Below is the estimated public reporting burden:

------------------------------------------------------------------------
                                                               SSA-1010
------------------------------------------------------------------------
Number of Respondents......................................            9
Frequency of Response......................................           36
Average Burden per Response (minutes)......................            8
Estimated Annual Burden (hours)............................           43
------------------------------------------------------------------------

    We have submitted an Information Collection Request to the Office 
of Management and Budget (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 to the OMB and to the Social 
Security Administration at the following addresses/fax numbers:

Office of Management and Budget, Attn: Desk Officer for SSA, Fax 
Number: 202-395-6974, E-mail address: [email protected].
Social Security Administration, Attn: SSA Reports Clearance Officer, 
Rm. 1333 Annex Building, 6401 Security Boulevard, Baltimore, MD 21235-
6401, Fax Number: 410-965-6400.

    Comments can be received for up to 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 request, call 
the SSA Reports Clearance Officer at 410-965-0454.

List of Subjects in 20 CFR Part 422

    Administrative practice and procedure, Organization and functions 
(Government agencies), Social Security, Reporting and recordkeeping 
requirements.

    Dated: May 30, 2007.
Michael J. Astrue,
Commissioner of Social Security.
    For the reasons set forth in the preamble, we propose to amend 
Sec.  422.527 of subpart F of part 422 of chapter III of title 20 of 
the Code of Federal Regulations as follows.

PART 422--ORGANIZATION AND PROCEDURES

Subpart F--[Amended]

    1. The authority citation for subpart F of part 422 is revised to 
read as follows:

    Authority: Sec. 1140(a)(2)(A) of the Social Security Act. 42 
U.S.C. 1320b-10(a)(2)(A) (Pub. L. 103-296, Sec. 312(a)).

    2. Section 422.527 is revised to read as follows:


Sec.  422.527  Private printing and modification of prescribed 
applications, forms, and other publications.

    Any person, institution, or organization wishing to reproduce, 
reprint, or distribute any application, form, or publication prescribed 
by the Administration must obtain prior approval if he or she intends 
to charge a fee. Requests for approval must be in writing and include 
the reason or need for the reproduction, reprinting, or distribution; 
the intended users of the application, form, or publication; the fee to 
be charged; any proposed modification; the proposed format; the type of 
machinery (e.g., printer, burster, mail handling), if any, for which 
the application, form, or publication is being designed; estimated 
printing quantity; estimated printing cost per thousand; estimated 
annual usage; and any other pertinent information required by the 
Administration. Forward all requests for prior approval to: Office of 
Publications Management, 6401 Security Boulevard, Baltimore, MD 21235-
6401.

 [FR Doc. E7-16140 Filed 8-15-07; 8:45 am]
BILLING CODE 4191-02-P