Extension of the Workers' Compensation Offset From Age 65 to Full Retirement Age-Achieving a Better Life Experience (ABLE) Act, 19032-19033 [2016-07602]
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19032
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
w. Pneumatic, hydraulic, mechanical,
electro-optical, or electromechanical
flight control systems (including fly-bywire and fly-by-light systems) and
attitude control equipment designed or
modified for UAVs or drones controlled
by either USML paragraph VIII(a) or
ECCN 9A610.a., and capable of
delivering at least 500 kilograms
payload to a range of at least 300 km.
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SOCIAL SECURITY ADMINISTRATION
11. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9B106 is amended:
■ a. By revising the introductory text of
‘‘items’’ paragraph a in the List of Items
Controlled section;
■ b. By revising ‘‘items’’ paragraph a.1
in the List of Items Controlled section;
and
■ c. By revising the introductory text of
items paragraph a.2 to read as follows:
ACTION:
■
9B106 Environmental chambers
usable for rockets, missiles, or
unmanned aerial vehicles capable of
achieving a ‘‘range’’ equal to or greater
than 300 km and their subsystems, as
follows (see List of Items Controlled).
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List of Items Controlled
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Items:
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a. Environmental chambers having all
of the following characteristics:
a.1. Capable of simulating any of the
following flight conditions:
a.1.a. Altitude equal to or greater than
15,000 m; or
a.1.b. Temperature range from below
¥50 °C to above 125 °C; and
a.2. Incorporating, or designed or
modified to incorporate, a shaker unit or
other vibration test equipment to
produce vibration environments equal
to or greater than 10 g rms, measured
‘bare table,’ between 20 Hz and 2 kHz
while imparting forces equal to or
greater than 5 kN;
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mstockstill on DSK4VPTVN1PROD with RULES
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Dated: March 29, 2016.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2016–07601 Filed 4–1–16; 8:45 am]
20 CFR Part 404
[Docket No. SSA–2015–0018]
RIN 0960–AH85
Extension of the Workers’
Compensation Offset From Age 65 to
Full Retirement Age—Achieving a
Better Life Experience (ABLE) Act
Social Security Administration.
Final rule.
AGENCY:
This final rule adopts, with
one additional change, the notice of
proposed rulemaking (NPRM) that we
published in the Federal Register on
January 4, 2016. This final rule revises
our rules by incorporating changes
made by the ABLE Act to section 224(a)
of the Social Security Act (Act). Under
this final rule, the age at which
disability insurance benefits (DIB) are
no longer subject to reduction (offset)
based on receipt of workers’
compensation or public disability
benefits (WC/PDB) changes from age 65
to the day the individual attains full
retirement age.
DATES: This final rule is effective April
4, 2016.
FOR FURTHER INFORMATION CONTACT:
Dean Dwight, Office of Income Security
Programs, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 966–7161. 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 https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: This final
rule adopts, with one additional change
discussed below, the NPRM that we
published in the Federal Register on
January 4, 2016.1
SUMMARY:
Background
We explained our reasons for
proposing the rule that we are now
adopting as a final rule in the preamble
to the NPRM (81 FR at 41), and we
incorporate that discussion here.
In addition to the changes we
proposed in the NPRM, we are making
one additional change to our rules. The
fourth sentence of current section
404.317 states, ‘‘Your monthly benefit
amount may be reduced if you receive
workers’ compensation or public
disability payments before you become
65 years old as described in § 404.408.’’
For consistency with the other changes
BILLING CODE 3510–33–P
1 81 FR 41 (2016) (https://www.gpo.gov/fdsys/
pkg/FR-2016-01-04/pdf/2015-33036.pdf).
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we are making to our rules, we are also
revising the reference to ‘‘before you
become 65 years old’’ in section 404.317
to ‘‘before you attain full retirement
age.’’
Public Comments
In the NPRM, we provided a 30-day
comment period, which ended on
February 3, 2016. We received one
comment. The comment came from a
member of the public. After carefully
considering the comment, we are
adopting our proposed rule (81 FR 41–
42) as a final rule.
Comment: The one comment we
received stated, ‘‘Not fair there are
plenty who have worked very hard to
retire perhaps when a certain group
progresses then reconsider changing the
policy.’’
Response: We did not adopt the
comment. The changes we are making
are mandated by statute. We have no
discretion to reconsider the policy in
the absence of a statutory change.
Regulatory Procedures
Good Cause for Effective Date
We find good cause for dispensing
with the 30-day delay in the effective
date of this final rule. 5 U.S.C. 553(d)(3).
For the reasons discussed above and in
the preamble to the NPRM (81 FR at 41),
we are making minor changes to our
current rules to incorporate changes
made by section 201 of the ABLE Act 2
to section 224(a) of the Act. The
provision in the ABLE Act applies to
any individual whose DIB payment is
offset for WC/PDB and who attains age
65 on or after December 19, 2015.3
Because the changes we are making in
this final rule only reflect a statutory
change that is already in effect, we find
that it is unnecessary to delay the
effective date of our 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
12866 as supplemented by Executive
Order 13563. Thus, OMB did not review
the final rule.
2 Public Law 113–295, Division B, § 201, 128 Stat.
4010, 4064.
3 Id., § 201(b). Section 201(b) specifies that the
amendment to section 224(a) of the Act ‘‘shall apply
with respect to any individual who attains 65 years
of age on or after the date that is 12 months after
the date of the enactment of this Act.’’ Congress
enacted the ABLE on December 19, 2014. Id.
Consequently, the statutory amendment applies to
an individual who attains age 65 on or after
December 19, 2015. Id.
E:\FR\FM\04APR1.SGM
04APR1
Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Rules and Regulations
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 applies to individuals only.
Thus, a regulatory flexibility analysis is
not required under the Regulatory
Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new or
affect any existing collections and,
therefore, do not require Office of
Management and Budget approval
under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance
Program No. 96.006, Supplemental Security
Income.)
List of Subjects in 20 CFR Part 404
Administrative practice and
procedure; Blind; Disability benefits;
Government employees; Old-age,
Survivors and Disability Insurance;
Reporting and recordkeeping
requirements; Social security.
4. In § 404.401, revise paragraph (a)(4)
to read as follows:
ADDRESSES:
§ 404.401 Deduction, reduction, and
nonpayment of monthly benefits or lumpsum death payments.
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
■
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(a) * * *
(4) An individual under full
retirement age (see § 404.409) is
concurrently entitled to disability
insurance benefits and to certain public
disability benefits (see § 404.408);
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■ 5. In § 404.408, revise paragraph
(a)(2)(ii) to read as follows:
§ 404.408 Reduction of benefits based on
disability on account of receipt of certain
other disability benefits provided under
Federal, State, or local laws or plans.
*
*
*
*
*
(a) * * *
(2) * * *
(ii) The individual has not attained
full retirement age as defined in
§ 404.409.
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Dated: March 25, 2016.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
[FR Doc. 2016–07602 Filed 4–1–16; 8:45 am]
BILLING CODE 4191–02–P
For the reasons set forth in the
preamble, we amend subparts D and E
of part 404 of title 20 of the Code of
Federal Regulations as set forth below:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950– ).
21 CFR Part 56
[Docket No. FDA–2015–N–5052]
Subpart D—[Amended]
1. The authority citation for subpart D
of part 404 continues to read as follows:
■
Authority: Secs. 202, 203(a) and (b), 205(a),
216, 223, 225, 228(a)–(e), and 702(a)(5) of the
Social Security Act (42 U.S.C. 402, 403(a)
and (b), 405(a), 416, 423, 425, 428(a)–(e), and
902(a)(5)).
2. Amend § 404.317 by revising the
fourth sentence to read as follows:
■
§ 404.317 How is the amount of my
disability benefit calculated?
* * * Your monthly benefit amount
may be reduced if you receive workers’
compensation or public disability
payments before you attain full
retirement age (as defined in § 404.409)
(see § 404.408). * * *
mstockstill on DSK4VPTVN1PROD with RULES
Subpart E—[Amended]
3. The authority citation for subpart E
of part 404 continues to read as follows:
■
Authority: Secs. 202, 203, 204(a) and (e),
205(a) and (c), 216(l), 222(c), 223(e), 224, 225,
702(a)(5), and 1129A of the Social Security
Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a)
and (c), 416(l), 422(c), 423(e), 424a, 425,
902(a)(5), and 1320a–8a); 48 U.S.C. 1801.
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19033
Administrative Actions for
Noncompliance; Lesser Administrative
Actions
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Direct final rule.
The Food and Drug
Administration (FDA) is amending the
regulation describing lesser
administrative actions that may be
imposed on an Institutional Review
Board (IRB) that has failed to comply
with FDA’s IRB regulations. We are
clarifying that FDA may require the IRB
to withhold approval of new FDAregulated studies, stop the enrollment of
new subjects in ongoing studies, and
terminate ongoing studies, or any
combination of these actions until the
noncompliance with FDA’s IRB
regulations is corrected. We are taking
this action to ensure clarity and improve
the accuracy of the regulations.
DATES: This rule is effective August 17,
2016. Submit electronic or written
comments on this direct final rule or its
companion proposed rule by June 20,
2016.
SUMMARY:
PO 00000
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You may submit comments
as follows:
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2015–N–5052 for ‘‘Subpart E—
Administrative Actions for
Noncompliance; Lesser Administrative
Actions.’’ Received comments will be
placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
E:\FR\FM\04APR1.SGM
04APR1
]]>Agencies
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Rules and Regulations]
[Pages 19032-19033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07602]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2015-0018]
RIN 0960-AH85
Extension of the Workers' Compensation Offset From Age 65 to Full
Retirement Age--Achieving a Better Life Experience (ABLE) Act
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adopts, with one additional change, the notice
of proposed rulemaking (NPRM) that we published in the Federal Register
on January 4, 2016. This final rule revises our rules by incorporating
changes made by the ABLE Act to section 224(a) of the Social Security
Act (Act). Under this final rule, the age at which disability insurance
benefits (DIB) are no longer subject to reduction (offset) based on
receipt of workers' compensation or public disability benefits (WC/PDB)
changes from age 65 to the day the individual attains full retirement
age.
DATES: This final rule is effective April 4, 2016.
FOR FURTHER INFORMATION CONTACT: Dean Dwight, Office of Income
Security Programs, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235-6401, (410) 966-7161. 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 https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION: This final rule adopts, with one additional
change discussed below, the NPRM that we published in the Federal
Register on January 4, 2016.\1\
---------------------------------------------------------------------------
\1\ 81 FR 41 (2016) (https://www.gpo.gov/fdsys/pkg/FR-2016-01-04/pdf/2015-33036.pdf).
---------------------------------------------------------------------------
Background
We explained our reasons for proposing the rule that we are now
adopting as a final rule in the preamble to the NPRM (81 FR at 41), and
we incorporate that discussion here.
In addition to the changes we proposed in the NPRM, we are making
one additional change to our rules. The fourth sentence of current
section 404.317 states, ``Your monthly benefit amount may be reduced if
you receive workers' compensation or public disability payments before
you become 65 years old as described in Sec. 404.408.'' For
consistency with the other changes we are making to our rules, we are
also revising the reference to ``before you become 65 years old'' in
section 404.317 to ``before you attain full retirement age.''
Public Comments
In the NPRM, we provided a 30-day comment period, which ended on
February 3, 2016. We received one comment. The comment came from a
member of the public. After carefully considering the comment, we are
adopting our proposed rule (81 FR 41-42) as a final rule.
Comment: The one comment we received stated, ``Not fair there are
plenty who have worked very hard to retire perhaps when a certain group
progresses then reconsider changing the policy.''
Response: We did not adopt the comment. The changes we are making
are mandated by statute. We have no discretion to reconsider the policy
in the absence of a statutory change.
Regulatory Procedures
Good Cause for Effective Date
We find good cause for dispensing with the 30-day delay in the
effective date of this final rule. 5 U.S.C. 553(d)(3). For the reasons
discussed above and in the preamble to the NPRM (81 FR at 41), we are
making minor changes to our current rules to incorporate changes made
by section 201 of the ABLE Act \2\ to section 224(a) of the Act. The
provision in the ABLE Act applies to any individual whose DIB payment
is offset for WC/PDB and who attains age 65 on or after December 19,
2015.\3\ Because the changes we are making in this final rule only
reflect a statutory change that is already in effect, we find that it
is unnecessary to delay the effective date of our final rule.
---------------------------------------------------------------------------
\2\ Public Law 113-295, Division B, Sec. 201, 128 Stat. 4010,
4064.
\3\ Id., Sec. 201(b). Section 201(b) specifies that the
amendment to section 224(a) of the Act ``shall apply with respect to
any individual who attains 65 years of age on or after the date that
is 12 months after the date of the enactment of this Act.'' Congress
enacted the ABLE on December 19, 2014. Id. Consequently, the
statutory amendment applies to an individual who attains age 65 on
or after December 19, 2015. Id.
---------------------------------------------------------------------------
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 12866 as
supplemented by Executive Order 13563. Thus, OMB did not review the
final rule.
[[Page 19033]]
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
applies to individuals only. Thus, a regulatory flexibility analysis is
not required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new or affect any existing
collections and, therefore, do not require Office of Management and
Budget approval under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance Program No. 96.006,
Supplemental Security Income.)
List of Subjects in 20 CFR Part 404
Administrative practice and procedure; Blind; Disability benefits;
Government employees; Old-age, Survivors and Disability Insurance;
Reporting and recordkeeping requirements; Social security.
Dated: March 25, 2016.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons set forth in the preamble, we amend subparts D and
E of part 404 of title 20 of the Code of Federal Regulations as set
forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- ).
Subpart D--[Amended]
0
1. The authority citation for subpart D of part 404 continues to read
as follows:
Authority: Secs. 202, 203(a) and (b), 205(a), 216, 223, 225,
228(a)-(e), and 702(a)(5) of the Social Security Act (42 U.S.C. 402,
403(a) and (b), 405(a), 416, 423, 425, 428(a)-(e), and 902(a)(5)).
0
2. Amend Sec. 404.317 by revising the fourth sentence to read as
follows:
Sec. 404.317 How is the amount of my disability benefit calculated?
* * * Your monthly benefit amount may be reduced if you receive
workers' compensation or public disability payments before you attain
full retirement age (as defined in Sec. 404.409) (see Sec. 404.408).
* * *
Subpart E--[Amended]
0
3. The authority citation for subpart E of part 404 continues to read
as follows:
Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c),
216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social
Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c),
416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48
U.S.C. 1801.
0
4. In Sec. 404.401, revise paragraph (a)(4) to read as follows:
Sec. 404.401 Deduction, reduction, and nonpayment of monthly benefits
or lump-sum death payments.
* * * * *
(a) * * *
(4) An individual under full retirement age (see Sec. 404.409) is
concurrently entitled to disability insurance benefits and to certain
public disability benefits (see Sec. 404.408);
* * * * *
0
5. In Sec. 404.408, revise paragraph (a)(2)(ii) to read as follows:
Sec. 404.408 Reduction of benefits based on disability on account of
receipt of certain other disability benefits provided under Federal,
State, or local laws or plans.
* * * * *
(a) * * *
(2) * * *
(ii) The individual has not attained full retirement age as defined
in Sec. 404.409.
* * * * *
[FR Doc. 2016-07602 Filed 4-1-16; 8:45 am]
BILLING CODE 4191-02-P
