Rules for Helping Blind and Disabled Individuals Achieve Self-Support, 28262-28265 [06-4530]
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28262
Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations
establishing the new port of entry as
proposed and Tri-Cities Regional
Airport will lose its status as a user-fee
airport. The change of status for TriCities Regional Airport from a user-fee
airport to inclusion within the
boundaries of a port of entry will subject
the airport to the passenger processing
fee provided for at 19 U.S.C.
58c(a)(5)(B).
Description of the New Port of Entry
Limits
1. The general authority citation for
part 101 and the specific authority
citation for § 101.3 continue to read as
follows:
This change is made under the
authority of 5 U.S.C. 301 and 19 U.S.C.
2, 66, and 1624, and the Homeland
Security Act of 2002, Public Law 107–
296 (November 25, 2002).
The Regulatory Flexibility Act and
Executive Order 12866
With DHS approval, CBP establishes,
expands and consolidates CBP ports of
entry throughout the United States to
accommodate the volume of CBP-related
activity in various parts of the country.
This final rule is not a significant
regulatory action within the meaning of
Executive Order 12866. This action also
will not have a significant economic
impact on a substantial number of small
entities. Accordingly, DHS certifies that
this document is not subject to the
additional requirements of the
provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Signing Authority
The signing authority for this
document falls under 19 CFR 0.2(a)
because the establishment of a new port
of entry and the termination of the userfee status of an airport are not within
the bounds of those regulations for
which the Secretary of the Treasury has
retained sole authority. Accordingly,
this final rule may be signed by the
Secretary of Homeland Security (or his
or her delegate).
cprice-sewell on PROD1PC66 with RULES
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66,
1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States), 1623, 1624,
1646a.
Sections 101.3 and 101.4 also issued under
19 U.S.C. 1 and 58b;
*
*
§ 101.3
*
*
*
[Amended]
2. The list of ports in § 101.3(b)(1) is
amended by adding, in alphabetical
order under the state of Tennessee, ‘‘TriCities, TN/VA’’ in the ‘‘Ports of entry’’
column and ‘‘CBP Dec. 06–14’’ in the
‘‘Limits of Port’’ column.
I
PART 122—AIR COMMERCE
REGULATIONS
1. The general authority for part 122
continues to read as follows:
I
Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66,
1431, 1433, 1436, 1448, 1459, 1590, 1594,
1623, 1624, 1644, 1644a, 2071 note.
*
*
*
§ 122.15
*
*
[Amended]
2. The list of user fee airports at 19
CFR 122.15(b) is amended by removing
‘‘Blountville, Tennessee’’ from the
‘‘Location’’ column and, on the same
line, ‘‘Tri-City Regional Airport’’ from
the ‘‘Name’’ column.
I
Dated: May 9, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06–4535 Filed 5–15–06; 8:45 am]
BILLING CODE 9111–14–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
RIN 0960–AG00
19 CFR Part 101
Customs duties and inspection,
Customs ports of entry, Exports,
Imports, Organization and functions
(Government agencies).
15:11 May 15, 2006
For the reasons set forth above, part
101, CBP Regulations (19 CFR part 101),
and part 122, CBP Regulations (19 CFR
part 122), are amended as set forth
below.
I
I
Authority
VerDate Aug<31>2005
Amendments to CBP Regulations
PART 101—GENERAL PROVISIONS
The geographical limits of the TriCities, TNNA, port of entry are as
follows:
The contiguous outer boundaries of
Sullivan County, Tennessee;
Washington County, Tennessee; and
Washington County, Virginia.
List of Subjects
19 CFR Part 122
Customs duties and inspection,
Airports, Imports, Organization and
functions (Government agencies).
Jkt 208001
Rules for Helping Blind and Disabled
Individuals Achieve Self-Support
Social Security Administration.
Final rules.
AGENCY:
ACTION:
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SUMMARY: We are amending our
regulations to implement section 203 of
the Social Security Independence and
Program Improvements Act of 1994.
Section 203 of this law amended section
1633 of the Social Security Act to
require us to establish by regulations
criteria for time limits and other criteria
related to plans to achieve self-support
(PASS). The law requires that we
establish criteria for a PASS and that
when we set time limits for your PASS,
we take into account the length of time
that you need to achieve your
employment goal, within a reasonable
period.
A PASS allows some persons who
receive or are eligible for Supplemental
Security Income (SSI) disability benefits
to set aside part of their income and/or
resources to meet an employment goal.
The income and/or resources you set
aside under a PASS will not be counted
in determining the amount of your SSI
payment or eligibility.
DATES: These final rules are effective on
June 15, 2006.
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at: https://
www.gpoaccess.gov/fr/.
FOR FURTHER INFORMATION CONTACT:
Mary Hoover, Policy Analyst, Office of
Program Development and Research,
Social Security Administration, 6401
Security Boulevard, Baltimore, MD
21235–6401. Call 410–965–5651 or TTY
1–800–325–0778 for information about
these rules. For information on
eligibility or filing for benefits, call our
national toll-free number 1–800–772–
1213 or TTY 1–800–325–0778. You may
also contact Social Security Online at
https://www.socialsecurity.gov/.
SUPPLEMENTARY INFORMATION:
What Is the Purpose of These Final
Rules?
In these final rules, we are amending
our regulations to implement section
203 of the Social Security Independence
and Program Improvements Act of 1994
(Pub. L. 103–296). This law amended
section 1633 of the Social Security Act
to provide that, as of January 1, 1995, in
establishing time limits and other
criteria related to a PASS, we take into
account the length of time that you will
need to achieve your employment goal,
within a reasonable period, and other
factors as determined by the
Commissioner to be appropriate. This
requirement for a more individualized
time limit changed the time limit
requirements for PASS, which had
provided for an initial period of not
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more than 18 months, an extension of
up to an additional 18 months, and a
maximum of 48 months. We are revising
our rules to take into account your
individual needs and your employment
goal in determining what a reasonable
length of time is to achieve your
employment goal. These revisions add
language to some of our rules describing
the information that must be contained
in a PASS. They clarify requirements
currently in our PASS rules and
operating procedures. These revisions
do not reflect a change in policy because
after the enactment of Public Law 103–
296, we updated our operating manual
to reflect the need for a more
individualized assessment of a PASS
time limit.
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What Is a Plan to Achieve Self-Support
(PASS)?
A PASS allows persons who are blind
or disabled and who receive, are eligible
for, or are applying for SSI, to set aside
income and/or resources for expenses
needed in meeting an employment goal.
We will not count the income and/or
resources set aside under a PASS in
determining your eligibility for and
receipt of SSI. If you receive title II
disability benefits, you may also use a
PASS to meet an employment goal if
you:
• Would meet all other income and
resource eligibility requirements for SSI
if some or all of your title II benefit was
excluded;
• Apply for SSI; and
• Develop an approved PASS that
sets aside some or all of your title II
benefit towards meeting an employment
goal.
The purpose of a PASS is to help
persons who are blind or disabled
become self-supporting. A PASS must
meet specific requirements that are set
out in our regulations at 20 CFR
416.1180 through 416.1182 and in
chapter SI 00870 of our Program
Operations Manual at: https://
policy.ssa.gov/poms.nsf/
partlist?OpenView. It must be
individualized with an employment
goal that is feasible and with a plan to
reach that employment goal that is
viable for you. It must be in writing,
contain reasonable start and ending
dates for meeting your employment
goal, and establish target dates for
milestones, i.e., intermediate steps
towards attainment of your goal. It must
be approved by us, and we will review
your progress under the plan at least
annually.
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What Revisions Are We Making and
Why?
As of January 1, 1995, section 1633(d)
of the Act has required that, in
establishing time limits and other
criteria for a PASS, we consider the
reasonable amount of time that you
need to meet your employment goal and
other factors that we determine are
appropriate.
We are revising our rules to eliminate
the current monthly time limits and to
add rules that will take into account
your individual needs and your
employment goal in determining what a
reasonable length of time is for you to
achieve that goal. These revisions
describe the requirements for and
contents of a PASS to clarify
requirements currently in our PASS
rules and operating procedures. These
revisions clarify that a PASS must have
a feasible employment goal, a viable
plan to reach that goal, and have
reasonable beginning and ending dates,
including target dates for milestones
toward completion of the goal. The
revisions state that we will review
progress under a plan at least annually.
We will help you establish a reasonable
ending date for your PASS. We may
adjust or extend the ending date of your
PASS based on progress towards your
goal and earnings level reached. We will
review your PASS progress at least
annually to determine if you continue to
follow the provisions of your PASS.
Specific Changes
The following is an explanation of the
specific changes we are making. We are
revising § 416.1180 by adding that we
will exclude income used to meet
expenses that are reasonable and
necessary to fulfill an approved PASS
and to make a minor change in
terminology. In addition, we are
revising § 416.1225 to clarify that we
will not count resources that are used
for expenses that are reasonable and
necessary to fulfill a PASS. Requiring
that the expenses be reasonable and
necessary to fulfill a PASS is not a
change in policy. It is contained in our
operating procedures.
We are revising § 416.1181 to list the
requirements of a PASS that sets aside
income to meet an employment goal and
§ 416.1226 to list the requirements of a
PASS that sets aside resources to meet
an employment goal. A PASS must be
individualized, be in writing, specify an
employment goal that is feasible,
include a plan to reach the goal that is
viable for you, and contain a start date,
ending date and target milestone dates
for meeting your employment goal. You
must propose a reasonable ending date
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28263
to your PASS. If necessary, we will help
you establish an ending date, which
may be different than the ending date
that you propose. Before you begin your
PASS, we must approve it. After your
PASS is approved and you begin
following your PASS, we may adjust or
extend the PASS ending date based on
progress towards your goal and earnings
level reached. We will review your
PASS progress at least annually to
determine if you continue to follow the
provisions of your PASS.
A PASS that sets aside income or
resources must show anticipated
expenses and explain how they are
necessary for the employment goal. It
must show anticipated income (or
resources you have and will receive)
and explain how the income or
resources will be used to meet expenses
towards the employment goal. It must
show how the money or resources set
aside under a PASS will be kept
separate from other funds or resources.
It must show how living expenses will
be met while the PASS is in effect. If the
employment goal is self-employment, it
must include a plan that defines the
business, provides a marketing strategy,
details financial data, outlines the
operational procedures, and describes
the management plan.
Public Comments
On July 11, 2005, we published
proposed rules in the Federal Register
(70 FR 39689) and provided a 60-day
comment period. We received
comments from five individuals and
four advocacy organizations. All of the
commenters support the
implementation of these rules, although
some requested further elaboration of
specific terms used in the rules. Some
of the commenters made
recommendations that were outside the
scope of these rules. Because some of
the comments received were quite
detailed, we have condensed,
summarized or paraphrased them in the
discussion below. We have tried to
present all views adequately and
carefully address all of the issues raised
by the commenters that are within the
scope of these rules.
Comment: One commenter asked that
we provide a better explanation of what
we mean by a feasible employment goal
and a viable plan in §§ 416.1181(a)(4)
and 416.1226(a)(4).
Response: We are adopting this
commenter’s recommendation. We have
expanded §§ 416.1181(a)(4) and
416.1226(a)(4) to define what we mean
by a feasible employment goal. A
feasible employment goal is one that
you have a reasonable likelihood of
achieving. Additionally, we have added
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Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules and Regulations
a new § 416.1181(a)(5) and
§ 416.1226(a)(5) to explain what we
mean by a viable plan. A plan is viable
if it sets forth attainable steps to reach
your goal and if it is financially
sustainable, that is, the plan will leave
you with enough money to meet living
expenses while you set aside income or
resources to meet your goal. We have
renumbered the remaining paragraphs.
Comment: Two commenters
recommended that we provide an
example of what we mean by a
reasonable ending date for a PASS and
that we delineate what we consider a
reasonable period for completion of a
PASS.
Response: The legislation requires
that we establish time limits that take
your needs into account. We will assess
your current needs, education, work
experience, income and resources, and
compare that to your ultimate
employment goal and plan for reaching
that goal, to determine an appropriate
ending date. This is a highly
individualized assessment. We do not
believe an example would be useful,
given the wide variety of individual
factors used to determine an appropriate
ending date. For this reason, we are not
adopting this commenter’s
recommendation.
Comment: Two commenters asked
how much of a reduction is
‘‘substantial’’ when we say that the goal
should generate sufficient earnings to
substantially reduce or eliminate your
dependence on SSI or eliminate your
need for title II benefits. These
commenters also recommended that we
provide an example.
Response: The PASS employment
goal should generate sufficient earnings
to substantially reduce or eliminate your
dependence on SSI or eliminate your
need for title II disability benefits. The
nature of a PASS is highly
individualized and the specific financial
and personal circumstances for each
individual can vary widely; therefore,
we have chosen not to place a numerical
value on the meaning of ‘‘substantially
reduce your dependence on SSI’’ that
would apply in every situation.
However, we agree that examples may
help clarify what we mean by
‘‘substantial.’’ Therefore, we are
adopting this recommendation with
modifications.
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Regulatory Procedures
Executive Order (E.O.) 12866
We have consulted with the Office of
Management and Budget (OMB) and
determined that these final rules meet
the criteria for a significant regulatory
action under E.O. 12866, as amended by
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15:11 May 15, 2006
Jkt 208001
E.O. 13256. Thus, they were subject to
OMB review.
Regulatory Flexibility Act
We certify that these regulations
would not have a significant economic
impact on a substantial number of small
entities because they affect only
individuals. Thus, a regulatory
flexibility analysis as provided in the
Regulatory Flexibility Act, as amended,
is not required.
Paperwork Reduction Act
Office of Management and Budget, Attn:
Desk Officer for SSA. Fax Number:
202–395–6974.
Social Security Administration, Attn:
SSA Reports Clearance Officer, Room
1338 Annex Building, 6401 Security
Blvd., Baltimore, MD 21235–6401.
Fax Number: 410–965–6400.
(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)
List of Subjects in 20 CFR Part 416
Administrative practice and
procedure, Aged, Blind, Disability
benefits, Public assistance programs,
Supplemental Security Income,
Reporting and recordkeeping
requirements.
Dated: May 8, 2006.
Jo Anne B. Barnhart,
Commissioner of Social Security.
For the reasons set out in the
preamble, we are amending subparts K
and L of part 416 of chapter III of title
20 of the Code of Federal Regulations as
set forth below:
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Subpart K—[Amended]
1. The authority citation for subpart K
is revised to read as follows:
I
Authority: Secs. 702(a)(5), 1602, 1611,
1612, 1613, 1614(f), 1621, 1631, and 1633 of
the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j,
1383, and 1383b); sec. 211, Pub. L. 93–66, 87
Stat. 154 (42 U.S.C. 1382 note).
2. The second, third and fourth
sentences of § 416.1180 are revised to
read as follows:
I
These final rules contain reporting
requirements at 416.1181 and 416.1226.
SSA solicited public comment on the
reporting burdens on July 11, 2005 in
the Federal Register (FR) at 70 FR 39689
and provided a 60-day comment period.
An Information Collection Request has
been submitted to OMB to obtain
clearance of the sections cited above.
SSA will publish a notice providing the
OMB number and expiration date once
approved.
To receive a copy of the OMB
clearance package, you may call the
SSA Reports Clearance Officer on 410–
965–0454. Comments should be
submitted and/or faxed to OMB and
SSA at the following address/numbers:
I
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
§ 416.1180
General.
* * * If you are blind or disabled, we
will pay you SSI benefits and will not
count the part of your income (for
example, your or a family member’s
wages, title II benefits, or pension
income) that you use or set aside to use
for expenses that we determine to be
reasonable and necessary to fulfill an
approved plan to achieve self-support.
(See §§ 416.1112(c)(9) and 1124(c)(13).)
You may develop a plan to achieve selfsupport on your own or with our help.
***
I 3. Section 416.1181 is revised to read
as follows:
§ 416.1181 What is a plan to achieve selfsupport (PASS)?
(a) A PASS must—
(1) Be designed especially for you;
(2) Be in writing;
(3) Be approved by us (a change of
plan must also be approved by us);
(4) Have a specific employment goal
that is feasible for you, that is, a goal
that you have a reasonable likelihood of
achieving;
(5) Have a plan to reach your
employment goal that is viable and
financially sustainable, that is, the
plan—
(i) Sets forth steps that are attainable
in order to reach your goal, and
(ii) Shows that you will have enough
money to meet your living expenses
while setting aside income or resources
to reach your goal;
(6) Be limited to one employment
goal; however, the employment goal
may be modified and any changes
related to the modification must be
made to the plan;
(7) Show how the employment goal
will generate sufficient earnings to
substantially reduce or eliminate your
dependence on SSI or eliminate your
need for title II disability benefits;
Example 1: A Substantial Reduction Exists.
Your SSI monthly payment amount is $101
and your PASS employment goal earnings
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will reduce your SSI payment by $90. We
may consider that to be a substantial
reduction.
Example 2: A Substantial Reduction Exists.
You receive a title II benefit of $550 and an
SSI payment of $73. Your PASS employment
goal will result in work over the SGA level
that eliminates your title II benefit but
increases your SSI payment by $90. We may
consider that a substantial reduction because
your work will eliminate your title II
payment while only slightly increasing your
SSI payment.
Example 3: A Substantial Reduction Does
Not Exist. Your SSI monthly payment
amount is $603 and your PASS employment
goal earnings will reduce your SSI payment
by $90. We may not consider that to be a
substantial reduction.
(8) Contain a beginning date and an
ending date to meet your employment
goal;
(9) Give target dates for meeting
milestones towards your employment
goal;
(10) Show what expenses you will
have and how they are reasonable and
necessary to meet your employment
goal;
(11) Show what money you have and
will receive, how you will use or spend
it to attain your employment goal, and
how you will meet your living expenses;
and
(12) Show how the money you set
aside under the plan will be kept
separate from your other funds.
(b) You must propose a reasonable
ending date for your PASS. If necessary,
we can help you establish an ending
date, which may be different than the
ending date you propose. Once the
ending date is set and you begin your
PASS, we may adjust or extend the
ending date of your PASS based on
progress towards your goal and earnings
level reached.
(c) If your employment goal is selfemployment, you must include a
business plan that defines the business,
provides a marketing strategy, details
financial data, outlines the operational
procedures, and describes the
management plan.
(d) Your progress will be reviewed at
least annually to determine if you are
following the provisions of your plan.
Subpart L—[Amended]
4. The authority citation for subpart L
is revised to read as follows:
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I
Authority: Secs. 702(a)(5), 1602, 1611,
1612, 1613, 1614(f), 1621, 1631, and 1633 of
the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j,
1383, and 1383b); sec. 211, Pub. L. 93–66, 87
Stat. 154 (42 U.S.C. 1382 note).
5. Section 416.1225 is revised to read
as follows:
I
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Jkt 208001
§ 416.1225 An approved plan to achieve
self-support; general.
If you are blind or disabled, we will
pay you SSI benefits and will not count
resources that you use or set aside to use
for expenses that we determine to be
reasonable and necessary to fulfill an
approved plan to achieve self-support.
I 6. Section 416.1226 is revised to read
as follows:
§ 416.1226 What is a plan to achieve selfsupport (PASS)?
(a) A PASS must—
(1) Be designed especially for you;
(2) Be in writing;
(3) Be approved by us (a change of
plan must also be approved by us);
(4) Have a specific employment goal
that is feasible for you, that is, a goal
that you have a reasonable likelihood of
achieving;
(5) Have a plan to reach your
employment goal that is viable and
financially sustainable, that is, the
plan—
(i) Sets forth steps that are attainable
in order to reach your goal, and
(ii) Shows that you will have enough
money to meet your living expenses
while setting aside income or resources
to reach your goal;
(6) Be limited to one employment
goal; however, the employment goal
may be modified and any changes
related to the modification must be
made to the plan;
(7) Show how the employment goal
will generate sufficient earnings to
substantially reduce your dependence
on SSI or eliminate your need for title
II disability benefits;
Example 1: A Substantial Reduction Exists.
Your SSI monthly payment amount is $101
and your PASS employment goal earnings
will reduce your SSI payment by $90. We
may consider that to be a substantial
reduction.
Example 2: A Substantial Reduction Exists.
You receive a title II benefit of $550 and an
SSI payment of $73. Your PASS employment
goal will result in work over the SGA level
that eliminates your title II benefit but
increases your SSI payment by $90. We may
consider that a substantial reduction because
your work will eliminate your title II
payment while only slightly increasing your
SSI payment.
Example 3: A Substantial Reduction Does
Not Exist. Your SSI monthly payment
amount is $603 and your PASS employment
goal earnings will reduce your SSI payment
by $90. We may not consider that to be a
substantial reduction.
(8) Contain a beginning date and an
ending date to meet your employment
goal;
(9) Give target dates for meeting
milestones towards your employment
goal;
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28265
(10) Show what expenses you will
have and how they are reasonable and
necessary to meet your employment
goal;
(11) Show what resources you have
and will receive, how you will use them
to attain your employment goal, and
how you will meet your living expenses;
and
(12) Show how the resources you set
aside under the plan will be kept
separate from your other resources.
(b) You must propose a reasonable
ending date for your PASS. If necessary,
we can help you establish an ending
date, which may be different than the
ending date you propose. Once the
ending date is set and you begin your
PASS, we may adjust or extend the
ending date of your PASS based on
progress towards your goal and earnings
level reached.
(c) If your employment goal is selfemployment, you must include a
business plan that defines the business,
provides a marketing strategy, details
financial data, outlines the operational
procedures, and describes the
management plan.
(d) Your progress will be reviewed at
least annually to determine if you are
following the provisions of your plan.
[FR Doc. 06–4530 Filed 5–15–06; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 510 and 522
New Animal Drugs; Change of
Sponsor; Fomepizole
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect a
change of sponsor for a new animal drug
application (NADA) for fomepizole
solution for injection from Orphan
Medical, Inc., to Jazz Pharmaceuticals,
Inc. The regulations are also being
amended to reflect approval of a
supplemental NADA to remove a vial of
saline diluent from this product.
DATES: This rule is effective May 16,
2006.
FOR FURTHER INFORMATION CONTACT:
Melanie R. Berson, Center for Veterinary
Medicine (HFV–110), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301–827–7540, email: melanie.berson@fda.hhs.gov.
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]]>Agencies
[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Rules and Regulations]
[Pages 28262-28265]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4530]
=======================================================================
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
RIN 0960-AG00
Rules for Helping Blind and Disabled Individuals Achieve Self-
Support
AGENCY: Social Security Administration.
ACTION: Final rules.
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SUMMARY: We are amending our regulations to implement section 203 of
the Social Security Independence and Program Improvements Act of 1994.
Section 203 of this law amended section 1633 of the Social Security Act
to require us to establish by regulations criteria for time limits and
other criteria related to plans to achieve self-support (PASS). The law
requires that we establish criteria for a PASS and that when we set
time limits for your PASS, we take into account the length of time that
you need to achieve your employment goal, within a reasonable period.
A PASS allows some persons who receive or are eligible for
Supplemental Security Income (SSI) disability benefits to set aside
part of their income and/or resources to meet an employment goal. The
income and/or resources you set aside under a PASS will not be counted
in determining the amount of your SSI payment or eligibility.
DATES: These final rules are effective on June 15, 2006.
Electronic Version
The electronic file of this document is available on the date of
publication in the Federal Register at: https://www.gpoaccess.gov/fr/
index.html.
FOR FURTHER INFORMATION CONTACT: Mary Hoover, Policy Analyst, Office of
Program Development and Research, Social Security Administration, 6401
Security Boulevard, Baltimore, MD 21235-6401. Call 410-965-5651 or TTY
1-800-325-0778 for information about these rules. For information on
eligibility or filing for benefits, call our national toll-free number
1-800-772-1213 or TTY 1-800-325-0778. You may also contact Social
Security Online at https://www.socialsecurity.gov/.
SUPPLEMENTARY INFORMATION:
What Is the Purpose of These Final Rules?
In these final rules, we are amending our regulations to implement
section 203 of the Social Security Independence and Program
Improvements Act of 1994 (Pub. L. 103-296). This law amended section
1633 of the Social Security Act to provide that, as of January 1, 1995,
in establishing time limits and other criteria related to a PASS, we
take into account the length of time that you will need to achieve your
employment goal, within a reasonable period, and other factors as
determined by the Commissioner to be appropriate. This requirement for
a more individualized time limit changed the time limit requirements
for PASS, which had provided for an initial period of not
[[Page 28263]]
more than 18 months, an extension of up to an additional 18 months, and
a maximum of 48 months. We are revising our rules to take into account
your individual needs and your employment goal in determining what a
reasonable length of time is to achieve your employment goal. These
revisions add language to some of our rules describing the information
that must be contained in a PASS. They clarify requirements currently
in our PASS rules and operating procedures. These revisions do not
reflect a change in policy because after the enactment of Public Law
103-296, we updated our operating manual to reflect the need for a more
individualized assessment of a PASS time limit.
What Is a Plan to Achieve Self-Support (PASS)?
A PASS allows persons who are blind or disabled and who receive,
are eligible for, or are applying for SSI, to set aside income and/or
resources for expenses needed in meeting an employment goal. We will
not count the income and/or resources set aside under a PASS in
determining your eligibility for and receipt of SSI. If you receive
title II disability benefits, you may also use a PASS to meet an
employment goal if you:
Would meet all other income and resource eligibility
requirements for SSI if some or all of your title II benefit was
excluded;
Apply for SSI; and
Develop an approved PASS that sets aside some or all of
your title II benefit towards meeting an employment goal.
The purpose of a PASS is to help persons who are blind or disabled
become self-supporting. A PASS must meet specific requirements that are
set out in our regulations at 20 CFR 416.1180 through 416.1182 and in
chapter SI 00870 of our Program Operations Manual at: https://
policy.ssa.gov/poms.nsf/partlist?OpenView. It must be individualized
with an employment goal that is feasible and with a plan to reach that
employment goal that is viable for you. It must be in writing, contain
reasonable start and ending dates for meeting your employment goal, and
establish target dates for milestones, i.e., intermediate steps towards
attainment of your goal. It must be approved by us, and we will review
your progress under the plan at least annually.
What Revisions Are We Making and Why?
As of January 1, 1995, section 1633(d) of the Act has required
that, in establishing time limits and other criteria for a PASS, we
consider the reasonable amount of time that you need to meet your
employment goal and other factors that we determine are appropriate.
We are revising our rules to eliminate the current monthly time
limits and to add rules that will take into account your individual
needs and your employment goal in determining what a reasonable length
of time is for you to achieve that goal. These revisions describe the
requirements for and contents of a PASS to clarify requirements
currently in our PASS rules and operating procedures. These revisions
clarify that a PASS must have a feasible employment goal, a viable plan
to reach that goal, and have reasonable beginning and ending dates,
including target dates for milestones toward completion of the goal.
The revisions state that we will review progress under a plan at least
annually. We will help you establish a reasonable ending date for your
PASS. We may adjust or extend the ending date of your PASS based on
progress towards your goal and earnings level reached. We will review
your PASS progress at least annually to determine if you continue to
follow the provisions of your PASS.
Specific Changes
The following is an explanation of the specific changes we are
making. We are revising Sec. 416.1180 by adding that we will exclude
income used to meet expenses that are reasonable and necessary to
fulfill an approved PASS and to make a minor change in terminology. In
addition, we are revising Sec. 416.1225 to clarify that we will not
count resources that are used for expenses that are reasonable and
necessary to fulfill a PASS. Requiring that the expenses be reasonable
and necessary to fulfill a PASS is not a change in policy. It is
contained in our operating procedures.
We are revising Sec. 416.1181 to list the requirements of a PASS
that sets aside income to meet an employment goal and Sec. 416.1226 to
list the requirements of a PASS that sets aside resources to meet an
employment goal. A PASS must be individualized, be in writing, specify
an employment goal that is feasible, include a plan to reach the goal
that is viable for you, and contain a start date, ending date and
target milestone dates for meeting your employment goal. You must
propose a reasonable ending date to your PASS. If necessary, we will
help you establish an ending date, which may be different than the
ending date that you propose. Before you begin your PASS, we must
approve it. After your PASS is approved and you begin following your
PASS, we may adjust or extend the PASS ending date based on progress
towards your goal and earnings level reached. We will review your PASS
progress at least annually to determine if you continue to follow the
provisions of your PASS.
A PASS that sets aside income or resources must show anticipated
expenses and explain how they are necessary for the employment goal. It
must show anticipated income (or resources you have and will receive)
and explain how the income or resources will be used to meet expenses
towards the employment goal. It must show how the money or resources
set aside under a PASS will be kept separate from other funds or
resources. It must show how living expenses will be met while the PASS
is in effect. If the employment goal is self-employment, it must
include a plan that defines the business, provides a marketing
strategy, details financial data, outlines the operational procedures,
and describes the management plan.
Public Comments
On July 11, 2005, we published proposed rules in the Federal
Register (70 FR 39689) and provided a 60-day comment period. We
received comments from five individuals and four advocacy
organizations. All of the commenters support the implementation of
these rules, although some requested further elaboration of specific
terms used in the rules. Some of the commenters made recommendations
that were outside the scope of these rules. Because some of the
comments received were quite detailed, we have condensed, summarized or
paraphrased them in the discussion below. We have tried to present all
views adequately and carefully address all of the issues raised by the
commenters that are within the scope of these rules.
Comment: One commenter asked that we provide a better explanation
of what we mean by a feasible employment goal and a viable plan in
Sec. Sec. 416.1181(a)(4) and 416.1226(a)(4).
Response: We are adopting this commenter's recommendation. We have
expanded Sec. Sec. 416.1181(a)(4) and 416.1226(a)(4) to define what we
mean by a feasible employment goal. A feasible employment goal is one
that you have a reasonable likelihood of achieving. Additionally, we
have added
[[Page 28264]]
a new Sec. 416.1181(a)(5) and Sec. 416.1226(a)(5) to explain what we
mean by a viable plan. A plan is viable if it sets forth attainable
steps to reach your goal and if it is financially sustainable, that is,
the plan will leave you with enough money to meet living expenses while
you set aside income or resources to meet your goal. We have renumbered
the remaining paragraphs.
Comment: Two commenters recommended that we provide an example of
what we mean by a reasonable ending date for a PASS and that we
delineate what we consider a reasonable period for completion of a
PASS.
Response: The legislation requires that we establish time limits
that take your needs into account. We will assess your current needs,
education, work experience, income and resources, and compare that to
your ultimate employment goal and plan for reaching that goal, to
determine an appropriate ending date. This is a highly individualized
assessment. We do not believe an example would be useful, given the
wide variety of individual factors used to determine an appropriate
ending date. For this reason, we are not adopting this commenter's
recommendation.
Comment: Two commenters asked how much of a reduction is
``substantial'' when we say that the goal should generate sufficient
earnings to substantially reduce or eliminate your dependence on SSI or
eliminate your need for title II benefits. These commenters also
recommended that we provide an example.
Response: The PASS employment goal should generate sufficient
earnings to substantially reduce or eliminate your dependence on SSI or
eliminate your need for title II disability benefits. The nature of a
PASS is highly individualized and the specific financial and personal
circumstances for each individual can vary widely; therefore, we have
chosen not to place a numerical value on the meaning of ``substantially
reduce your dependence on SSI'' that would apply in every situation.
However, we agree that examples may help clarify what we mean by
``substantial.'' Therefore, we are adopting this recommendation with
modifications.
Regulatory Procedures
Executive Order (E.O.) 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these final rules meet the criteria for a
significant regulatory action under E.O. 12866, as amended by E.O.
13256. Thus, they were subject to OMB review.
Regulatory Flexibility Act
We certify that these regulations would not have a significant
economic impact on a substantial number of small entities because they
affect only individuals. Thus, a regulatory flexibility analysis as
provided in the Regulatory Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
These final rules contain reporting requirements at 416.1181 and
416.1226. SSA solicited public comment on the reporting burdens on July
11, 2005 in the Federal Register (FR) at 70 FR 39689 and provided a 60-
day comment period. An Information Collection Request has been
submitted to OMB to obtain clearance of the sections cited above. SSA
will publish a notice providing the OMB number and expiration date once
approved.
To receive a copy of the OMB clearance package, you may call the
SSA Reports Clearance Officer on 410-965-0454. Comments should be
submitted and/or faxed to OMB and SSA at the following address/numbers:
Office of Management and Budget, Attn: Desk Officer for SSA. Fax
Number: 202-395-6974.
Social Security Administration, Attn: SSA Reports Clearance Officer,
Room 1338 Annex Building, 6401 Security Blvd., Baltimore, MD 21235-
6401. Fax Number: 410-965-6400.
(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)
List of Subjects in 20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Supplemental Security Income,
Reporting and recordkeeping requirements.
Dated: May 8, 2006.
Jo Anne B. Barnhart,
Commissioner of Social Security.
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For the reasons set out in the preamble, we are amending subparts K and
L of part 416 of chapter III of title 20 of the Code of Federal
Regulations as set forth below:
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart K--[Amended]
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1. The authority citation for subpart K is revised to read as follows:
Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),
1621, 1631, and 1633 of the Social Security Act (42 U.S.C.
902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and
1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
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2. The second, third and fourth sentences of Sec. 416.1180 are revised
to read as follows:
Sec. 416.1180 General.
* * * If you are blind or disabled, we will pay you SSI benefits
and will not count the part of your income (for example, your or a
family member's wages, title II benefits, or pension income) that you
use or set aside to use for expenses that we determine to be reasonable
and necessary to fulfill an approved plan to achieve self-support. (See
Sec. Sec. 416.1112(c)(9) and 1124(c)(13).) You may develop a plan to
achieve self-support on your own or with our help. * * *
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3. Section 416.1181 is revised to read as follows:
Sec. 416.1181 What is a plan to achieve self-support (PASS)?
(a) A PASS must--
(1) Be designed especially for you;
(2) Be in writing;
(3) Be approved by us (a change of plan must also be approved by
us);
(4) Have a specific employment goal that is feasible for you, that
is, a goal that you have a reasonable likelihood of achieving;
(5) Have a plan to reach your employment goal that is viable and
financially sustainable, that is, the plan--
(i) Sets forth steps that are attainable in order to reach your
goal, and
(ii) Shows that you will have enough money to meet your living
expenses while setting aside income or resources to reach your goal;
(6) Be limited to one employment goal; however, the employment goal
may be modified and any changes related to the modification must be
made to the plan;
(7) Show how the employment goal will generate sufficient earnings
to substantially reduce or eliminate your dependence on SSI or
eliminate your need for title II disability benefits;
Example 1: A Substantial Reduction Exists. Your SSI monthly
payment amount is $101 and your PASS employment goal earnings
[[Page 28265]]
will reduce your SSI payment by $90. We may consider that to be a
substantial reduction.
Example 2: A Substantial Reduction Exists. You receive a title
II benefit of $550 and an SSI payment of $73. Your PASS employment
goal will result in work over the SGA level that eliminates your
title II benefit but increases your SSI payment by $90. We may
consider that a substantial reduction because your work will
eliminate your title II payment while only slightly increasing your
SSI payment.
Example 3: A Substantial Reduction Does Not Exist. Your SSI
monthly payment amount is $603 and your PASS employment goal
earnings will reduce your SSI payment by $90. We may not consider
that to be a substantial reduction.
(8) Contain a beginning date and an ending date to meet your
employment goal;
(9) Give target dates for meeting milestones towards your
employment goal;
(10) Show what expenses you will have and how they are reasonable
and necessary to meet your employment goal;
(11) Show what money you have and will receive, how you will use or
spend it to attain your employment goal, and how you will meet your
living expenses; and
(12) Show how the money you set aside under the plan will be kept
separate from your other funds.
(b) You must propose a reasonable ending date for your PASS. If
necessary, we can help you establish an ending date, which may be
different than the ending date you propose. Once the ending date is set
and you begin your PASS, we may adjust or extend the ending date of
your PASS based on progress towards your goal and earnings level
reached.
(c) If your employment goal is self-employment, you must include a
business plan that defines the business, provides a marketing strategy,
details financial data, outlines the operational procedures, and
describes the management plan.
(d) Your progress will be reviewed at least annually to determine
if you are following the provisions of your plan.
Subpart L--[Amended]
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4. The authority citation for subpart L is revised to read as follows:
Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),
1621, 1631, and 1633 of the Social Security Act (42 U.S.C.
902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and
1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
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5. Section 416.1225 is revised to read as follows:
Sec. 416.1225 An approved plan to achieve self-support; general.
If you are blind or disabled, we will pay you SSI benefits and will
not count resources that you use or set aside to use for expenses that
we determine to be reasonable and necessary to fulfill an approved plan
to achieve self-support.
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6. Section 416.1226 is revised to read as follows:
Sec. 416.1226 What is a plan to achieve self-support (PASS)?
(a) A PASS must--
(1) Be designed especially for you;
(2) Be in writing;
(3) Be approved by us (a change of plan must also be approved by
us);
(4) Have a specific employment goal that is feasible for you, that
is, a goal that you have a reasonable likelihood of achieving;
(5) Have a plan to reach your employment goal that is viable and
financially sustainable, that is, the plan--
(i) Sets forth steps that are attainable in order to reach your
goal, and
(ii) Shows that you will have enough money to meet your living
expenses while setting aside income or resources to reach your goal;
(6) Be limited to one employment goal; however, the employment goal
may be modified and any changes related to the modification must be
made to the plan;
(7) Show how the employment goal will generate sufficient earnings
to substantially reduce your dependence on SSI or eliminate your need
for title II disability benefits;
Example 1: A Substantial Reduction Exists. Your SSI monthly
payment amount is $101 and your PASS employment goal earnings will
reduce your SSI payment by $90. We may consider that to be a
substantial reduction.
Example 2: A Substantial Reduction Exists. You receive a title
II benefit of $550 and an SSI payment of $73. Your PASS employment
goal will result in work over the SGA level that eliminates your
title II benefit but increases your SSI payment by $90. We may
consider that a substantial reduction because your work will
eliminate your title II payment while only slightly increasing your
SSI payment.
Example 3: A Substantial Reduction Does Not Exist. Your SSI
monthly payment amount is $603 and your PASS employment goal
earnings will reduce your SSI payment by $90. We may not consider
that to be a substantial reduction.
(8) Contain a beginning date and an ending date to meet your
employment goal;
(9) Give target dates for meeting milestones towards your
employment goal;
(10) Show what expenses you will have and how they are reasonable
and necessary to meet your employment goal;
(11) Show what resources you have and will receive, how you will
use them to attain your employment goal, and how you will meet your
living expenses; and
(12) Show how the resources you set aside under the plan will be
kept separate from your other resources.
(b) You must propose a reasonable ending date for your PASS. If
necessary, we can help you establish an ending date, which may be
different than the ending date you propose. Once the ending date is set
and you begin your PASS, we may adjust or extend the ending date of
your PASS based on progress towards your goal and earnings level
reached.
(c) If your employment goal is self-employment, you must include a
business plan that defines the business, provides a marketing strategy,
details financial data, outlines the operational procedures, and
describes the management plan.
(d) Your progress will be reviewed at least annually to determine
if you are following the provisions of your plan.
[FR Doc. 06-4530 Filed 5-15-06; 8:45 am]
BILLING CODE 4191-02-P
