Rescission of Social Security Ruling 87-6; Policy Interpretation Ruling; Titles II and XVI: The Role of Prescribed Treatment in the Evaluation of Epilepsy, 12485-12486 [2017-04122]
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Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices
include cash under the limited
circumstances specified in the
application, purchasers will be required
to purchase Creation Units by
depositing specified instruments
(‘‘Deposit Instruments’’), and
shareholders redeeming their shares
will receive specified instruments
(‘‘Redemption Instruments’’). The
Deposit Instruments and the
Redemption Instruments will each
correspond pro rata to the positions in
the Fund’s portfolio (including cash
positions) except as specified in the
application.
4. Because shares will not be
individually redeemable, applicants
request an exemption from section
5(a)(1) and section 2(a)(32) of the Act
that would permit the Funds to register
as open-end management investment
companies and issue shares that are
redeemable in Creation Units only.
5. Applicants also request an
exemption from section 22(d) of the Act
and rule 22c–1 under the Act as
secondary market trading in shares will
take place at negotiated prices, not at a
current offering price described in a
Fund’s prospectus, and not at a price
based on NAV. Applicants state that (a)
secondary market trading in shares does
not involve a Fund as a party and will
not result in dilution of an investment
in shares, and (b) to the extent different
prices exist during a given trading day,
or from day to day, such variances occur
as a result of third-party market forces,
such as supply and demand. Therefore,
applicants assert that secondary market
transactions in shares will not lead to
discrimination or preferential treatment
among purchasers. Finally, applicants
represent that share market prices will
be disciplined by arbitrage
opportunities, which should prevent
shares from trading at a material
discount or premium from NAV.
6. With respect to Funds that effect
creations and redemptions of Creation
Units in kind and that are based on
certain Underlying Indexes that include
foreign securities, applicants request
relief from the requirement imposed by
section 22(e) in order to allow such
Funds to pay redemption proceeds
within fifteen calendar days following
the tender of Creation Units for
redemption. Applicants assert that the
requested relief would not be
inconsistent with the spirit and intent of
section 22(e) to prevent unreasonable,
undisclosed or unforeseen delays in the
actual payment of redemption proceeds.
7. Applicants request an exemption to
permit Funds of Funds to acquire Fund
shares beyond the limits of section
12(d)(1)(A) of the Act; and the Funds,
and any principal underwriter for the
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Funds, and/or any broker or dealer
registered under the Exchange Act, to
sell shares to Funds of Funds beyond
the limits of section 12(d)(1)(B) of the
Act. The application’s terms and
conditions are designed to, among other
things, help prevent any potential (i)
undue influence over a Fund through
control or voting power, or in
connection with certain services,
transactions, and underwritings, (ii)
excessive layering of fees, and (iii)
overly complex fund structures, which
are the concerns underlying the limits
in sections 12(d)(1)(A) and (B) of the
Act.
8. Applicants request an exemption
from sections 17(a)(1) and 17(a)(2) of the
Act to permit persons that are Affiliated
Persons, or Second Tier Affiliates, of the
Funds, solely by virtue of certain
ownership interests, to effectuate
purchases and redemptions in-kind. The
deposit procedures for in-kind
purchases of Creation Units and the
redemption procedures for in-kind
redemptions of Creation Units will be
the same for all purchases and
redemptions and Deposit Instruments
and Redemption Instruments will be
valued in the same manner as those
investment positions currently held by
the Funds. Applicants also seek relief
from the prohibitions on affiliated
transactions in section 17(a) to permit a
Fund to sell its shares to and redeem its
shares from a Fund of Funds, and to
engage in the accompanying in-kind
transactions with the Fund of Funds.3
The purchase of Creation Units by a
Fund of Funds directly from a Fund will
be accomplished in accordance with the
policies of the Fund of Funds and will
be based on the NAVs of the Funds.
9. Section 6(c) of the Act permits the
Commission to exempt any persons or
transactions from any provision of the
Act if such exemption is necessary or
appropriate in the public interest and
consistent with the protection of
investors and the purposes fairly
intended by the policy and provisions of
the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may
exempt any person, security, or
transaction, or any class or classes of
persons, securities, or transactions, from
any provision of section 12(d)(1) if the
exemption is consistent with the public
3 The requested relief would apply to direct sales
of shares in Creation Units by a Fund to a Fund of
Funds and redemptions of those shares. Applicants,
moreover, are not seeking relief from section 17(a)
for, and the requested relief will not apply to,
transactions where a Fund could be deemed an
Affiliated Person, or a Second-Tier Affiliate, of a
Fund of Funds because an Adviser or an entity
controlling, controlled by or under common control
with an Adviser provides investment advisory
services to that Fund of Funds.
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12485
interest and the protection of investors.
Section 17(b) of the Act authorizes the
Commission to grant an order
permitting a transaction otherwise
prohibited by section 17(a) if it finds
that (a) the terms of the proposed
transaction are fair and reasonable and
do not involve overreaching on the part
of any person concerned; (b) the
proposed transaction is consistent with
the policies of each registered
investment company involved; and (c)
the proposed transaction is consistent
with the general purposes of the Act.
For the Commission, by the Division of
Investment Management, under delegated
authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–04091 Filed 3–2–17; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2006–0140]
Rescission of Social Security Ruling
87–6; Policy Interpretation Ruling;
Titles II and XVI: The Role of
Prescribed Treatment in the Evaluation
of Epilepsy
Social Security Administration.
Notice of rescission of Social
Security Ruling.
AGENCY:
ACTION:
In accordance with 20 CFR
402.35(b)(1), the Acting Commissioner
of Social Security gives notice of the
rescission of Social Security Ruling
(SSR) 87–6.
DATES: This rescission is effective March
3, 2017.
FOR FURTHER INFORMATION CONTACT:
Cheryl A. Williams, Office of Disability
Policy, Social Security Administration,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, (410) 965–1020.
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: Through
SSRs, we make available to the public
precedential decisions relating to the
Federal old-age, survivors, disability,
supplemental security income, and
special veterans benefits programs. We
may base SSRs on determinations or
decisions made at all levels of
administrative adjudication, Federal
court decisions, Commissioner’s
decisions, opinions of the Office of the
General Counsel, and other
interpretations of the law and
regulations.
SUMMARY:
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12486
Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices
Under our prior listings 11.02 and
11.03, and SSR 87–6, we evaluated
epilepsy according to the type,
frequency, duration, and sequelae of
seizures.1 If the claimant was following
prescribed treatment and his or her
epilepsy did not meet or medically
equal the requirements of the listings,
we would assess his or her residual
functional capacity and evaluate the
claimant’s impairments under the
remaining steps of the sequential
evaluation process.
SSR 87–6 provided guidance to
adjudicators on the role of prescribed
treatment in the evaluation of epilepsy.
The SSR stated the file must contain
adequate information regarding the
history of the treatment regimen and the
claimant’s response to it, and a
satisfactory description of the treatment
regimen by the treating physician. The
SSR also required a record of
anticonvulsant blood levels before we
could allow a claim. Under SSR 87–6,
without an ongoing treating
relationship, we could not find the
claimant’s impairment to meet or
medically equal the listing for epilepsy.
When anticonvulsant blood levels were
low, information obtained from the
treating physician should explain why
the levels were low and include the
results of any relevant diagnostic
studies.
On July 1, 2016, we published in the
Federal Register a final rule, Revised
Medical Criteria for Evaluating
Neurological Disorders, in which we
incorporated the portions of SSR 87–6
that continue to be relevant to the
treatment of epilepsy. 81 FR 43048,
43049 (2016). The final rule became
effective September 29, 2016. Id., at
43048. Consequently, we are rescinding
SSR 87–6 as obsolete.
(Catalog of Federal Domestic Assistance
Programs Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance;
96.006—Supplemental Security Income)
Dated: February 28, 2017.
Nancy A. Berryhill,
Acting Commissioner of Social Security.
mstockstill on DSK3G9T082PROD with NOTICES
[FR Doc. 2017–04122 Filed 3–2–17; 8:45 am]
BILLING CODE 4191–02–P
1 20 CFR part 404, subpart P, app. 1, § 11.00A
(2016).
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DEPARTMENT OF STATE
[Public Notice 9908]
Advisory Committee on Historical
Diplomatic Documentation—Notice of
Cancellation of Previously Scheduled
Open Meeting for 2017
Summary: The meeting of the
Advisory Committee on Historical
Diplomatic Documentation originally
scheduled for March 6 and 7, 2017, in
Washington, DC at the State
Department, 2300 E Street NW., has
been canceled. It is expected that the
next Historical Advisory Committee
(HAC) meeting will be held at the State
Department in May.
Further questions can be directed to
Julie Fort (FortJL@state.gov) Designated
Federal Officer for the HAC.
Julie L. Fort,
Designated Federal Officer, Advisory
Committee on Historical Diplomatic
Documentation.
extraordinary circumstances that require
shorter notice.
For further information, please
contact: Lieutenant Commander
Jonathan W. Burby, Executive Secretary,
Shipping Coordinating Committee, U.S.
Department of State, Office of Ocean
and Polar Affairs, at burbyjw@state.gov
or by telephone at 202–647–3946. A
copy of the Committee charter may also
be obtained by accessing the FACA
database maintained by the General
Services Administration: https://
facadatabase.gov/.
Jonathan W. Burby,
Executive Secretary, Shipping Coordinating
Committee, Department of State.
[FR Doc. 2017–04095 Filed 3–2–17; 8:45 am]
BILLING CODE 4710–09–P
SURFACE TRANSPORTATION BOARD
[Docket No. EP 558 (Sub-No. 20)]
Railroad Cost of Capital—2016
[FR Doc. 2017–04094 Filed 3–2–17; 8:45 am]
AGENCY:
BILLING CODE 4710–11–P
ACTION:
DEPARTMENT OF STATE
Surface Transportation Board.
Notice of decision instituting a
proceeding to determine the railroad
industry’s 2016 cost of capital.
The Board is instituting a
proceeding to determine the railroad
industry’s cost of capital for 2016. The
decision solicits comments on the
following issues: The railroads’ 2016
current cost of debt capital; the
railroads’ 2016 current cost of preferred
equity capital (if any); the railroads’
2016 cost of common equity capital; and
the 2016 capital structure mix of the
railroad industry on a market value
basis. Comments should focus on the
various cost of capital components
listed above using the same
methodology followed in Railroad Cost
of Capital—2015, EP 558 (Sub-No. 19)
(STB served Aug. 5, 2016).
DATES: Notices of intent to participate
are due by March 30, 2017. Statements
of the railroads are due by April 20,
2017. Statements of other interested
persons are due by May 11, 2017.
Rebuttal statements by the railroads are
due by June 1, 2017.
ADDRESSES: Comments may be
submitted either via the Board’s e-filing
system or in the traditional paper
format. Any person using e-filing should
comply with the instructions at the E–
FILING link on the Board’s Web site, at
https://www.stb.gov. Any person
submitting a filing in the traditional
paper format should send an original
and 10 copies to: Surface Transportation
Board, Attn: Docket No. EP 558 (SubNo. 20), 395 E Street SW., Washington,
DC 20423–0001.
SUMMARY:
[Public Notice 9907]
Shipping Coordinating Committee
Notice of Renewal of Charter
Summary: The Department of State
has renewed the Charter for the
Shipping Coordinating Committee
(SHC) without significant substantive
change. Through this Committee, the
Department of State will continue to
obtain the views and advice of the
general public, industry, nongovernmental organizations, and
interested government agencies in the
maritime and related fields, on issues
related to maritime security, safety of
life at sea, and protection of the marine
environment considered by the
International Maritime Organization
(IMO), and other matters relating to
international maritime shipping. The
Under Secretary for Management has
determined the Committee is necessary
and in the public interest.
The Committee follows the
procedures prescribed by the Federal
Advisory Committee Act (FACA).
Meetings will be open to the public
unless a determination is made in
accordance with section 10(d) of the
FACA and 5 U.S.C. 552b(c) that a
meeting or portion of the meeting
should be closed to the public. Notice
of each meeting will be published in the
Federal Register at least 15 days prior
to the meeting, unless there are
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Agencies
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12485-12486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04122]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2006-0140]
Rescission of Social Security Ruling 87-6; Policy Interpretation
Ruling; Titles II and XVI: The Role of Prescribed Treatment in the
Evaluation of Epilepsy
AGENCY: Social Security Administration.
ACTION: Notice of rescission of Social Security Ruling.
-----------------------------------------------------------------------
SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Acting
Commissioner of Social Security gives notice of the rescission of
Social Security Ruling (SSR) 87-6.
DATES: This rescission is effective March 3, 2017.
FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Office of
Disability Policy, Social Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1020. 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: Through SSRs, we make available to the
public precedential decisions relating to the Federal old-age,
survivors, disability, supplemental security income, and special
veterans benefits programs. We may base SSRs on determinations or
decisions made at all levels of administrative adjudication, Federal
court decisions, Commissioner's decisions, opinions of the Office of
the General Counsel, and other interpretations of the law and
regulations.
[[Page 12486]]
Under our prior listings 11.02 and 11.03, and SSR 87-6, we
evaluated epilepsy according to the type, frequency, duration, and
sequelae of seizures.\1\ If the claimant was following prescribed
treatment and his or her epilepsy did not meet or medically equal the
requirements of the listings, we would assess his or her residual
functional capacity and evaluate the claimant's impairments under the
remaining steps of the sequential evaluation process.
---------------------------------------------------------------------------
\1\ 20 CFR part 404, subpart P, app. 1, Sec. 11.00A (2016).
---------------------------------------------------------------------------
SSR 87-6 provided guidance to adjudicators on the role of
prescribed treatment in the evaluation of epilepsy. The SSR stated the
file must contain adequate information regarding the history of the
treatment regimen and the claimant's response to it, and a satisfactory
description of the treatment regimen by the treating physician. The SSR
also required a record of anticonvulsant blood levels before we could
allow a claim. Under SSR 87-6, without an ongoing treating
relationship, we could not find the claimant's impairment to meet or
medically equal the listing for epilepsy. When anticonvulsant blood
levels were low, information obtained from the treating physician
should explain why the levels were low and include the results of any
relevant diagnostic studies.
On July 1, 2016, we published in the Federal Register a final rule,
Revised Medical Criteria for Evaluating Neurological Disorders, in
which we incorporated the portions of SSR 87-6 that continue to be
relevant to the treatment of epilepsy. 81 FR 43048, 43049 (2016). The
final rule became effective September 29, 2016. Id., at 43048.
Consequently, we are rescinding SSR 87-6 as obsolete.
(Catalog of Federal Domestic Assistance Programs Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; 96.006--
Supplemental Security Income)
Dated: February 28, 2017.
Nancy A. Berryhill,
Acting Commissioner of Social Security.
[FR Doc. 2017-04122 Filed 3-2-17; 8:45 am]
BILLING CODE 4191-02-P