Rule2023-00081
Service of Process and Updated Addresses for Certain Communications With the Agency
Primary source
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Published
January 10, 2023
Effective
January 10, 2023
Issuing agencies
Social Security Administration
Abstract
We are revising our rules regarding service of legal process in lawsuits involving judicial review of final decisions of the Commissioner of Social Security on individual claims for benefits under title II, VIII, or XVI of the Social Security Act (Act) or individual claims for a Medicare Part D subsidy under title XVIII of the Act. We are revising our rules to provide that when summonses and complaints in these lawsuits are mailed, they should be sent to a central address, regardless of where the lawsuit is filed. We will also accept electronic service in these suits in accordance with the new Supplemental Rules for Social Security Actions, added to the Federal Rules of Civil Procedure (FRCP) effective December 1, 2022. Additionally, we are updating our headquarters address; removing obsolete references and past jurisdictional responsibilities of regional Office of the General Counsel (OGC) offices, which no longer exist; and making other minor editorial changes. We expect that these changes will make the service of process for affected cases more streamlined and consistent with the FRCP.
Full Text
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<title>Federal Register, Volume 88 Issue 6 (Tuesday, January 10, 2023)</title>
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[Federal Register Volume 88, Number 6 (Tuesday, January 10, 2023)]
[Rules and Regulations]
[Pages 1326-1330]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00081]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 401, 403, 422, 423, and 429
[Docket No. SSA-2022-0051]
RIN 0960-AI78
Service of Process and Updated Addresses for Certain
Communications With the Agency
AGENCY: Social Security Administration.
ACTION: Final rule.
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SUMMARY: We are revising our rules regarding service of legal process
in lawsuits involving judicial review of final decisions of the
Commissioner of Social Security on individual claims for benefits under
title II, VIII, or XVI of the Social Security Act (Act) or individual
claims for a Medicare Part D subsidy under title XVIII of the Act. We
are revising our rules to provide that when summonses and complaints in
these lawsuits are mailed, they should be sent to a central address,
regardless of where the lawsuit is filed. We will also accept
electronic service in these suits in accordance with the new
Supplemental Rules for Social Security Actions, added to the Federal
Rules of Civil Procedure (FRCP) effective December 1, 2022.
Additionally, we are updating our headquarters address; removing
obsolete references and past jurisdictional responsibilities of
regional Office of the General Counsel (OGC) offices, which no longer
exist; and making other minor editorial changes. We expect that these
changes will make the service of process
[[Page 1327]]
for affected cases more streamlined and consistent with the FRCP.
DATES: This final rule is effective January 10, 2023.
FOR FURTHER INFORMATION CONTACT: Deborah Stachel and Elizabeth Tino,
Office of the General Counsel, Social Security Administration, 6401
Security Boulevard, Baltimore, MD 21235-6401, (410) 965-0600. 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 site, Social Security Online, at <a href="https://www.socialsecurity.gov">https://www.socialsecurity.gov</a>.
SUPPLEMENTARY INFORMATION:
Background
OGC Reorganization and Mail Centralization
Our OGC is both restructuring its offices and centralizing its
processes for handling incoming mail. Prior to the reorganization,
there were ten regional OGC offices, in addition to three OGC offices
at the agency's headquarters in Baltimore, MD. Each regional OGC office
had a mailroom to handle OGC mail. Under the reorganization, there are
now five offices within OGC (in addition to the Immediate Office): the
Office of Legal Operations (OLO), the Office of General Law, the Office
of Privacy and Disclosure (OPD),\1\ the Office of Program Law, and the
Office of Program Litigation. There are no ``regional OGC offices''
under the reorganized OGC.
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\1\ Our current regulations refer to OPD as the Office of Public
Disclosure in places, but for some time, OPD has been the Office of
Privacy and Disclosure. In this final rule, we are updating OPD's
name to the ``Office of Privacy and Disclosure.''
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Moving forward, OLO will centrally process all OGC mail and
electronically distribute all incoming mail to the appropriate OGC
office. Since a room number and building name are not required to
process mail at headquarters, we are removing all room numbers and
building names where they previously appeared in our regulations. In
addition, we are removing all references to names, addresses, and
jurisdictional responsibilities of OGC's regional offices because those
regional offices no longer exist. We are adding an attention line to
certain addresses to identify specific workloads where appropriate.
Additional Method for Service of Process
On December 9, 2005, we published final rules that revised our
rules describing service of legal process in lawsuits involving
judicial review of final decisions of the Commissioner of Social
Security on individual claims for benefits under title II, VIII, or XVI
of the Act.\2\ Under those rules, we required summonses and complaints
in such cases to be mailed directly to the OGC office that is
responsible for the processing and handling of litigation in the
jurisdiction in which the complaint was filed. In accordance with those
rules, we have also periodically published in the Federal Register the
names, addresses, and jurisdictional responsibilities of OGC's offices
that handled program-related litigation, so that the public knew where
to mail summonses and complaints in these cases.\3\ As discussed above,
the new centralized process for OGC mail means that plaintiffs sending
summonses and complaints by mail should send that mail to an address at
headquarters regardless of the jurisdiction in which they file suit. We
are revising Sec. 423.1(a) to reflect that change.
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\2\ 70 FR 73135 (2005).
\3\ Recent notices containing these names, addresses, and
jurisdictional responsibilities were published on November 30, 2020,
at 85 FR 76651, and August 27, 2020, at 85 FR 53057.
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We are also removing the reference to Federal Register notices
listing names, addresses, and jurisdictional responsibilities of
regional OGC offices because that information is no longer necessary to
accomplish service in these cases. This change supersedes and renders
obsolete the prior Federal Register notices we published with
instructions regarding those regional OGC offices.
We are also adding a reference to title XVIII of the Act because
service of process in lawsuits involving judicial review of final
decisions of the Commissioner of Social Security on individual claims
for a Medicare Part D subsidy under title XVIII of the Act is--and has
been--the same as in lawsuits involving judicial review of final
decisions of the Commissioner of Social Security on individual claims
for benefits under titles II, VIII, and XVI of the Act. This change
will align the regulatory language with how service of process in these
lawsuits has always been handled.
In addition, we are revising Sec. 423.1(a) to explain that we will
accept electronic service in the lawsuits described in that section as
provided by the FRCP. The current language reflects the prior
requirement in the FRCP that plaintiffs in these lawsuits must serve us
with a summons and complaint by mail. Effective December 1, 2022, the
Supplemental Rules for Social Security Actions Under 42 U.S.C. 405(g)
were added to the FRCP. The Supplemental Rules provide the option for
electronic service in these lawsuits.\4\
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\4\ See Amendment and Addition to the Federal Rules of Civil
Procedure: Communication from The Chief Justice, The Supreme Court
of the United States. H.R. Doc. 117-110, at 5-13 (April 14, 2022)
(available at: <a href="https://www.govinfo.gov/content/pkg/CDOC-117hdoc110/pdf/CDOC-117hdoc110.pdf">https://www.govinfo.gov/content/pkg/CDOC-117hdoc110/pdf/CDOC-117hdoc110.pdf</a>); see also Current Rule of Practice and
Procedure (available at: <a href="https://www.uscourts.gov/rules-policies/current-rules-practice-procedure">https://www.uscourts.gov/rules-policies/current-rules-practice-procedure</a>).
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Under the new rules, plaintiffs in these cases are no longer
required to serve a summons and complaint by mail on us, the United
States Attorney's Office, and the Attorney General. Rather, the
plaintiff need only file a complaint in district court in accordance
with Rule 2 of the Supplemental Rules, and service is accomplished
under Rule 3 by the district court's transmission of a ``Notice of
Electronic Filing'' to the appropriate OGC office and United States
Attorney's Office. We will accept electronic service in these cases,\5\
and are updating our regulations to align them with the procedures for
the processing and handling of cases affected by the new FRCP.
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\5\ The new option of electronic service applies only to
lawsuits described in Sec. 423.1(a), not those described in
Sec. Sec. 423.1(b) and 423.3, or claims described in Sec. Sec.
429.102 and 429.202.
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Explanation of Changes
As mentioned above, OGC is centralizing its mail processes for
handling incoming mail. We are removing room numbers and building names
from several regulatory sections because they are no longer required to
process mail at our headquarters. We are also making other minor
editorial changes. Accordingly, we are making changes to the following
sections: 20 CFR 401.70, 403.120, 403.125, 422.848, 423.1, 423.3,
423.7, 429.102, 429.107, 429.201, and 429.202.
Sections 403.120, 423.1, 423.3, 429.102, and 429.202
In these sections, we are removing references to room numbers and
building names from our headquarters address because these references
are no longer needed under the new mail process. We are adding an
attention line to identify specific workloads where appropriate and
making minor stylistic changes.
Section 403.125
In this section, we are updating the address of our Office of the
Inspector General (OIG) and including an email address for requests for
records, information, or testimony involving OIG.
[[Page 1328]]
Section 401.70
In this section, we are updating obsolete references to the Office
of Public Disclosure. The office is named the ``Office of Privacy and
Disclosure.''
Section 422.848
In this section, we are removing a reference to OGC's Regional
Chief Counsel because that position no longer exists under OGC's
reorganization.
Section 423.1
In this section, plaintiffs in certain lawsuits are advised of a
new mailing address to which to direct service of process. We are
removing the reference to Federal Register notices listing names,
addresses, and jurisdictional responsibilities of regional OGC offices
because those offices no longer exist under OGC's reorganization and
that information is no longer necessary to accomplish service in these
suits. OLO will handle and distribute OGC mail received at
headquarters. Plaintiffs who use the traditional service by mail
process will benefit from this simplified procedure because they will
serve us at one address regardless of the jurisdiction in which they
file suit.
We also explain that, effective December 1, 2022, we will accept
electronic service of legal process in certain lawsuits--cases seeking
judicial review of final decisions of the Commissioner of Social
Security on individual claims for benefits under title II, VIII, or XVI
of the Act and individual claims for a Medicare Part D subsidy under
title XVIII of the Act--as provided by the FRCP. This change is
designed to reduce delays on our part in responding to summonses and
complaints, and to improve the efficiency of our litigation processes.
Current procedures for service of summonses and complaints in all other
types of lawsuits filed against us, i.e., those that do not involve
judicial review of final decisions of the Commissioner of Social
Security on individual claims for benefits under title II, VIII, or XVI
of the Act, or individual claims for a Medicare Part D subsidy under
title XVIII of the Act, are not affected by this change.
Section 423.7
In this section, we are removing a reference to rule 4(e) of the
FRCP because that rule no longer contains any information regarding
acknowledgment of mailed process.
Sections 429.107 and 429.201
In these sections, we are removing unnecessary information and
updating the title of the official designated to determine claims under
the Military Personnel and Civilian Employees' Claims Act of 1964.
Table 1 summarizes the changes we are making in this final rule:
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401.70....................... Updated OPD's name.
403.120...................... Removed building name and room #.
403.125...................... Updated OIG's address and added email
address.
422.848...................... Removed obsolete reference to OGC
Regional Chief Counsel.
423.1........................ Removed building name and room #, added
reference to Medicare Part D subsidies,
and added new service of process
procedure.
423.3........................ Removed building name and room #.
423.7........................ Removed obsolete reference to rule 4(e)
FRCP.
429.102...................... Removed building name and room #.
429.107...................... Removed unnecessary information.
429.201...................... Updated an official's title.
429.202...................... Removed building name and room #.
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Regulatory Procedures
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 when we develop regulations.
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(A)(5).
Generally, the APA requires that an agency provide prior notice and
opportunity for public comment before issuing a final rule. 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 find that under 5 U.S.C. 553(b)(B), good cause exists for
dispensing with the notice and public comment procedures on this rule.
Good cause exists because this final rule merely conforms our rules on
service of process to our internal distribution of responsibility for
the handling and processing of litigation and reflects the addition of
new rules to the FRCP effective December 1, 2022. The final rule
contains no substantive changes in policy or interpretation and has no
significant effect upon claimants for benefits or payments under the
programs we administer. In addition, this final rule provides only
rules of practice and procedure, which do not require public comment
procedures. Therefore, we find that opportunity for prior comment is
unnecessary, and we are issuing this regulation as a final rule.
In addition, we find that there is good cause for dispensing with
the 30-day delay in the effective date of this final rule as provided
by 5 U.S.C. 553(d). As we explained above, this final rule makes minor
editorial changes to several regulatory sections that conform to our
new centralized mail procedures and reflect changes to the FRCP that
are effective on December 1, 2022. Therefore, we find that it is
unnecessary to delay the effective date of the final rule.
Executive Order 12866, as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that this final rule does not meet the criteria for a
significant regulatory action under Executive Order (E.O.) 12866, as
supplemented by E.O. 13563. Thus, OMB did not review this final rule.
We also determined that this final rule meets the plain language
requirement of E.O. 12866.
Executive Order 13132 (Federalism)
We analyzed this final rule in accordance with the principles and
criteria established by E.O. 13132 and determined that the final rule
will not have sufficient federalism implications to warrant the
preparation of a federalism assessment. We also determined that this
final rule would not preempt any State law or State regulation or
affect the States' abilities to discharge traditional State
governmental functions.
Regulatory Flexibility Act
We certify that this final rule will not have a significant
economic impact on a substantial number of small entities, because it
affects individuals only. Therefore, a regulatory flexibility
[[Page 1329]]
analysis is not required under the Regulatory Flexibility Act, as
amended.
Paperwork Reduction Act
This final rule only removes obsolete references, updates current
addresses, and updates language as needed to state that we can accept
electronic service of legal process in certain lawsuits. Because the
final rule does not create any new or affect any existing collections,
it does not impose any burdens under the Paperwork Reduction Act (PRA),
and does not require OMB approval under the PRA.
(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
20 CFR Part 401
Administrative practice and procedure, Freedom of information,
Privacy Act.
20 CFR Part 403
Courts, Government employees, Reporting and recordkeeping
requirements.
20 CFR Part 422
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements, Social
Security.
20 CFR Part 423
Administrative practice and procedure, Courts, Government
employees.
20 CFR Part 429
Administrative practice and procedure, Claims, Government
employees, Penalties.
The Acting Commissioner of the Social Security Administration,
Kilolo Kijakazi, having reviewed and approved this document, is
delegating the authority to electronically sign this document to Faye
I. Lipsky, who is the primary Federal Register Liaison for SSA, for
purposes of publication in the Federal Register.
Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional
Affairs, Social Security Administration.
For the reasons stated in the preamble, we amend 20 CFR parts 401,
403, 422, 423, and 429 as set forth below:
PART 401--PRIVACY AND DISCLOSURE OF OFFICIAL RECORDS AND
INFORMATION
0
1. The authority citation for part 401 continues to read as follows:
Authority: Secs. 205, 702(a)(5), 1106, and 1141 of the Social
Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5
U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923.
0
2. Amend Sec. 401.70 by revising the first sentence of paragraph (a),
the second sentence of paragraph (b)(1), paragraphs (b)(2)(i), (ii),
and (iii), and the second sentence of paragraph (c) to read as follows:
Sec. 401.70 Appeals of refusals to correct records or refusals to
allow access to records.
(a) * * * This section describes how to appeal decisions we make
under the Privacy Act concerning your request for correction of or
access to your records, those of your minor child, or those of a person
for whom you are the legal guardian. * * *
(b) * * *
(1) * * * However, for a good reason and with the approval of the
Executive Director for the Office of Privacy and Disclosure, we may
extend this time limit up to an additional 30 days. * * *
(2) * * *
(i) Your request has been refused and the reason for the refusal;
(ii) The refusal is our final decision; and
(iii) You have a right to seek court review of our final decision.
* * * * *
(c) * * * You may appeal the denial decision to the Office of the
General Counsel, Office of Privacy and Disclosure, Social Security
Administration, Attn: Executive Director, 6401 Security Boulevard,
Baltimore, MD 21235, within 30 days after you receive notice denying
all or part of your request, or, if later, within 30 days after you
receive materials sent to you in partial compliance with your request.
* * * * *
PART 403--TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND
INFORMATION IN LEGAL PROCEEDINGS
0
3. The authority citation for part 403 continues to read as follows:
Authority: Secs. 702(a)(5) and 1106 of the Act, (42 U.S.C.
902(a)(5) and 1306); 5 U.S.C. 301; 31 U.S.C. 9701.
0
4. Amend Sec. 403.120 by revising paragraph (c) to read as follows:
Sec. 403.120 How do you request testimony?
* * * * *
(c) You must send your application for testimony to: Office of the
General Counsel, Office of General Law, Social Security Administration,
Attn: Touhy Officer, 6401 Security Boulevard, Baltimore, MD, 21235. If
you are requesting testimony of an employee of the Office of the
Inspector General, send your application to the address in Sec.
403.125.
* * * * *
0
5. Amend Sec. 403.125 by revising the second sentence and adding a
third sentence to read as follows:
Sec. 403.125 How will we handle requests for records, information, or
testimony involving SSA's Office of the Inspector General?
* * * Send your request for records or information pertaining to
the Office of the Inspector General or your application for testimony
of an employee of the Office of the Inspector General to: Office of the
Inspector General, Social Security Administration, 6401 Security
Boulevard, Room 3-ME-1, Baltimore, MD 21235. Requests may also be sent
via email to <a href="/cdn-cgi/l/email-protection#c0939381ee8f8987ee94afb5a8b9ee92a5b1b5a5b3b4b380b3b3a1eea7afb6"><span class="__cf_email__" data-cfemail="025151432c4d4b452c566d776a7b2c5067737767717671427171632c656d74">[email protected]</span></a>.
PART 422--ORGANIZATION AND PROCEDURES
0
6. The authority citation for part 422 continues to read as follows:
Authority: Secs. 205, 218, 221, and 701-704 of the Social
Security Act (42 U.S.C. 405, 418, 421, and 901-904).
0
7. Amend Sec. 422.848 by revising the third sentence of paragraph
(b)(4) to read as follows:
Sec. 422.848 Suspension and termination of collection activities.
* * * * *
(4) * * * When appropriate, the Office of the General Counsel will
take the necessary legal steps to ensure that no funds or money are
paid by the agency to the debtor until relief from the automatic stay
is obtained.
* * * * *
PART 423--SERVICE OF PROCESS
0
8. The authority citation for part 423 continues to read as follows:
Authority: Sec. 701 and 702(a)(5) of the Social Security Act (42
U.S.C. 901 and 902(a)(5)).
0
9. Revise Sec. 423.1 to read as follows:
Sec. 423.1 Suits against the Social Security Administration and its
employees in their official capacities.
(a) Suits involving individual claims arising under title II, VIII,
XVI, or XVIII
[[Page 1330]]
of the Social Security Act. (1) In cases seeking judicial review of
final decisions of the Commissioner of Social Security on individual
claims for benefits under title II, VIII, or XVI of the Social Security
Act, or on individual claims for a Medicare Part D subsidy under title
XVIII of the 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 of the General Counsel, Office of Program
Litigation, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235.
(2) We also accept electronic service in these cases, as provided
by the Federal Rules of Civil Procedure.
(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 Office of the General Counsel,
Social Security Administration, 6401 Security Boulevard, Baltimore, MD
21235.
0
10. Revise Sec. 423.3 to read as follows:
Sec. 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 the Commissioner's 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 Office of the General Counsel, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235.
(b) If served by an individual, the process should be delivered to
the Office of the General Counsel, via the agency mail room at Social
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235.
0
11. Revise Sec. 423.7 to read as follows:
Sec. 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 otherwise required by law.
PART 429--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT
AND RELATED STATUTES
0
12. The authority citation for part 429 is revised to read as follows:
Authority: 42 U.S.C. 902(a)(5); 28 U.S.C. 2672; 31 U.S.C. 3721;
28 CFR 14.11.
0
13. Amend Sec. 429.102 by revising paragraph (c) to read as follows:
Sec. 429.102 How do I file a claim under this subpart?
* * * * *
(c) Where to obtain claims forms and file claims. You can obtain
claims forms by writing to the Office of the General Counsel, Office of
General Law, Social Security Administration, Attn: FTCA Claims, 6401
Security Boulevard, Baltimore, MD 21235.
0
14. Amend Sec. 429.107 by revising paragraph (b) to read as follows:
Sec. 429.107 If my claim is approved, how do I obtain payment?
* * * * *
(b) Claims in excess of $2,500. If we approve your claim, we will
send the appropriate Financial Management Service forms to the
Department of the Treasury, which will mail the payment to you.
0
15. Amend Sec. 429.201 by revising paragraph (d)(3) to read as
follows:
Sec. 429.201 What is this subpart about?
* * * * *
(d) * * *
(3) ``SSA Claims Officer'' means the SSA official designated to
determine claims under the MPCECA. The current designee is the
Associate General Counsel for General Law, Office 1.
0
16. Amend Sec. 429.202 by revising paragraph (b) to read as follows:
Sec. 429.202 How do I file a claim under this subpart?
* * * * *
(b) Where to file. You must file your claim with the Office of the
General Counsel, Office of General Law, Social Security Administration,
Attn: MPCECA Claims, 6401 Security Boulevard, Baltimore, MD 21235.
* * * * *
[FR Doc. 2023-00081 Filed 1-9-23; 8:45 am]
BILLING CODE 4191-02-P
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