Rescission of Social Security Acquiescence Ruling 99-1(2), 28181-28182 [E8-10930]

Download as PDF Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Notices The following areas have been determined to be adversely affected by the disaster: Primary Counties: Orange, Pike, Scott, Vanderburgh, Washington. Contiguous Counties: Indiana: Clark, Crawford, Daviess, Dubois, Floyd, Gibson, Harrison, Jackson, Jefferson, Jennings, Knox, Lawrence, Martin, Posey, Warrick. Kentucky: Henderson. The Interest Rates Are: Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. SOCIAL SECURITY ADMINISTRATION M. Mitravich, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. Rescission of Social Security Acquiescence Ruling 99–1(2) FOR FURTHER INFORMATION CONTACT: Notice is hereby given that as a result of the President’s major disaster declaration on 05/08/2008, applications for disaster loans may be filed at the address listed above or other locally announced Present locations. Homeowners With Credit AvailThe following areas have been able Elsewhere ......................... 5.500 determined to be adversely affected by Homeowners Without Credit the disaster: Available Elsewhere .................. 2.750 Primary Counties (Physical Damage and Businesses With Credit Available Economic Injury Loans): Elsewhere ................................. 8.000 Businesses & Small Agricultural Bolivar, Warren, Washington, Cooperatives Without Credit Wilkinson. Available Elsewhere .................. 4.000 Contiguous Counties (Economic Injury Other (Including Non-Profit OrgaLoans Only): nizations) With Credit Available Mississippi: Adams, Amite, Elsewhere ................................. 5.250 Businesses and Non-Profit OrgaClaiborne, Coahoma, Franklin, nizations Without Credit AvailHinds, Humphreys, Issaquena, able Elsewhere ......................... 4.000 Sharkey, Sunflower, Yazoo. Arkansas: Chicot, Desha, Phillips. The number assigned to this disaster Louisiana: Concordia, East Carroll, East for physical damage is 11235 6 and for Feliciana, Madison, Tensas, West economic injury is 11236 0. Feliciana. The States which received an EIDL For Physical Damage: Declaration No. are Indiana, Kentucky. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: May 5, 2008. Steven C. Preston, Administrator. [FR Doc. E8–10863 Filed 5–14–08; 8:45 am] BILLING CODE 8025–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11237 and #11238] Mississippi Disaster #MS–00018 U.S. Small Business Administration. ACTION: Notice. AGENCY: mstockstill on PROD1PC66 with NOTICES SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of Mississippi (FEMA–1753–DR), dated 05/08/2008. Incident: Severe Storms and Flooding. Incident Period: 03/20/2008 and continuing. Effective Date: 05/08/2008. Physical Loan Application Deadline Date: 07/07/2008. Economic Injury (EIDL) Loan Application Deadline Date: 02/03/2009. ADDRESSES: Submit completed loan applications to: U.S. Small Business DATES: VerDate Aug<31>2005 16:18 May 14, 2008 Jkt 214001 28181 SUPPLEMENTARY INFORMATION: [Docket No. SSA 2007–0070] Social Security Administration. Notice of Rescission of Social Security Acquiescence Ruling 99–1(2)— Florez on Behalf of Wallace v. Callahan, 156 F.3d 438 (2d Cir. 1998). AGENCY: ACTION: SUMMARY: In accordance with 20 CFR 402.35(b)(1), 404.985(e) and 416.1485(e), the Commissioner of Social Security gives notice of the rescission of Social Security Acquiescence Ruling 99–1(2). DATES: Effective Date: June 16, 2008. FOR FURTHER INFORMATION CONTACT: Richard Bresnick, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965–1758, for information about this notice. 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 http://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: A Social Security Acquiescence Ruling explains how we will apply a holding in a decision of a United States Court of Appeals that we determine conflicts with our interpretation of a provision of Percent the Social Security Act (the Act) or regulations when the Government has Homeowners With Credit Available Elsewhere ......................... 5.500 decided not to seek further review of the case or is unsuccessful on further Homeowners Without Credit Available Elsewhere .................. 2.750 review. As provided by 20 CFR 404.985(e)(4) Businesses With Credit Available Elsewhere ................................. 8.000 and 416.1485(e)(4), a Social Security Others (Including Non-Profit OrgaAcquiescence Ruling may be rescinded nizations) With Credit Available as obsolete if we subsequently clarify, Elsewhere ................................. 5.250 modify, or revoke the regulation or Businesses and Non-Profit Orgaruling that was the subject of a circuit nizations Without Credit Available Elsewhere ......................... 4.000 court holding that we determined conflicts with our interpretation of the Act or regulations. For Economic Injury: On February 1, 1999 we issued Acquiescence Ruling 99–1(2) to reflect Percent the decision of the United States Court of Appeals for the Second Circuit in Businesses & Small Agricultural Cooperatives Without Credit Florez on Behalf of Wallace v. Callahan, Available Elsewhere .................. 4.000 156 F.3d 438 (2d Cir. 1998), in which the court held that 20 CFR 416.1101 The number assigned to this disaster creates a two-part test for determining for physical damage is 112376 and for whether a spouse, who lives with a economic injury is 112380. child eligible for SSI, is an ineligible parent for deeming purposes under 20 (Catalog of Federal Domestic Assistance CFR 416.1160: (1) The spouse must live Numbers 59002 and 59008) with the natural or adoptive parent; and Herbert L. Mitchell, (2) the relationship must be as husband Associate Administrator for Disaster or wife, as further defined in 20 CFR Assistance. 416.1806. [FR Doc. E8–10865 Filed 5–14–08; 8:45 am] In a final rule that we also are BILLING CODE 8025–01–P publishing today that will be effective PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1 28182 Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Notices on June 16, 2008, we are adopting the court’s rationale and changing the SSI parent-to-child deeming rules so that we no longer will consider the income and resources of a stepparent when an eligible child resides in the household with a stepparent, but that child’s natural or adoptive parent has permanently left the household. These rules respond to the circuit court decision and establish a uniform national policy with respect to this issue. (Catalog of Federal Domestic Assistance Programs No. 96.006, Supplemental Security Income) Dated: May 8, 2008. Michael J. Astrue, Commissioner of Social Security. [FR Doc. E8–10930 Filed 5–14–08; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Reduced Vertical Separation Minimum Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: mstockstill on PROD1PC66 with NOTICES SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. Aircraft operators seeking operational approval to conduct RVSM operations within the 48 contiguous United States (U.S.), Alaska and a portion of the Gulf of Mexico must submit an application to the Certificate Holding District Office. DATES: Please submit comments by July 14, 2008. FOR FURTHER INFORMATION CONTACT: Carla Mauney on (202) 267–9895, or by e-mail at: Carla.Mauney@faa.gov. SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA) Title: Reduced Vertical Separation Minimum. Type of Request: Extension without change of an approved collection. OMB Control Number: 2120–0679. Forms(s): There are no FAA forms associated with this collection. Affected Public: A total of 2,275 Respondents. Frequency: The information is collected on occasion. VerDate Aug<31>2005 16:18 May 14, 2008 Jkt 214001 Estimated Average Burden Per Response: Approximately 30 hours per response. Estimated Annual Burden Hours: An estimated 68,250 hours annually. Abstract: Aircraft operators seeking operational approval to conduct RVSM operations within the 48 contiguous United States (U.S.), Alaska and a portion of the Gulf of Mexico must submit an application to the Certificate Holding District Office. ADDRESSES: Send comments to the FAA at the following address: Ms. Carla Mauney, Room 712, Federal Aviation Administration, IT Enterprises Business Services Division, AES–200, 800 Independence Ave., SW., Washington, DC 20591. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Issued in Washington, DC, on May 6, 2008. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES–200. [FR Doc. E8–10568 Filed 5–14–08; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Request Revision From the Office of Management and Budget of a Currently Approved Information Collection Activity, Request for Comments; Protection of Voluntarily Submitted Information Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: SUMMARY: The FAA invites public comments about our intention to request the Office of Management and Budget (OMB) to approve a current information collection. The rule regarding the protection of voluntarily submitted information acts to ensure that certain non-required information offered by air carriers will not be disclosed. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 Please submit comments by July 14, 2008. DATES: FOR FURTHER INFORMATION CONTACT: Carla Mauney on (202) 267–9895, or by e-mail at: Carla.Mauney@faa.gov. SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA) Title: Protection of Voluntarily Submitted Information. Type of Request: Extension without change of an approved collection. OMB Control Number: 2120–0646. Forms(s): There are no FAA forms associated with this collection. Affected Public: A total of 10 Respondents. Frequency: The information is collected on occasion. Estimated Average Burden Per Response: Approximately 1 hour per response. Estimated Annual Burden Hours: An estimated 5 hours annually. Abstract: The rule regarding the protection of voluntarily submitted information acts to ensure that certain non-required information offered by air carriers will not be disclosed. Send comments to the FAA at the following address: Ms. Carla Mauney, Room 712, Federal Aviation Administration, IT Enterprises Business Services Division, AES–200, 800 Independence Ave., SW., Washington, DC 20591. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimates of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. ADDRESSES: Issued in Washington, DC, on May 6, 2008. Carla Mauney, FAA Information Collection Clearance Officer, IT Enterprises Business Services Division, AES–200. [FR Doc. E8–10570 Filed 5–14–08; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Notices]
[Pages 28181-28182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10930]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA 2007-0070]


Rescission of Social Security Acquiescence Ruling 99-1(2)

AGENCY: Social Security Administration.

ACTION: Notice of Rescission of Social Security Acquiescence Ruling 99-
1(2)--Florez on Behalf of Wallace v. Callahan, 156 F.3d 438 (2d Cir. 
1998).

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SUMMARY: In accordance with 20 CFR 402.35(b)(1), 404.985(e) and 
416.1485(e), the Commissioner of Social Security gives notice of the 
rescission of Social Security Acquiescence Ruling 99-1(2).

DATES: Effective Date: June 16, 2008.

FOR FURTHER INFORMATION CONTACT: Richard Bresnick, Social Security 
Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
(410) 965-1758, for information about this notice. 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 http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: A Social Security Acquiescence Ruling 
explains how we will apply a holding in a decision of a United States 
Court of Appeals that we determine conflicts with our interpretation of 
a provision of the Social Security Act (the Act) or regulations when 
the Government has decided not to seek further review of the case or is 
unsuccessful on further review.
    As provided by 20 CFR 404.985(e)(4) and 416.1485(e)(4), a Social 
Security Acquiescence Ruling may be rescinded as obsolete if we 
subsequently clarify, modify, or revoke the regulation or ruling that 
was the subject of a circuit court holding that we determined conflicts 
with our interpretation of the Act or regulations.
    On February 1, 1999 we issued Acquiescence Ruling 99-1(2) to 
reflect the decision of the United States Court of Appeals for the 
Second Circuit in Florez on Behalf of Wallace v. Callahan, 156 F.3d 438 
(2d Cir. 1998), in which the court held that 20 CFR 416.1101 creates a 
two-part test for determining whether a spouse, who lives with a child 
eligible for SSI, is an ineligible parent for deeming purposes under 20 
CFR 416.1160: (1) The spouse must live with the natural or adoptive 
parent; and (2) the relationship must be as husband or wife, as further 
defined in 20 CFR 416.1806.
    In a final rule that we also are publishing today that will be 
effective

[[Page 28182]]

on June 16, 2008, we are adopting the court's rationale and changing 
the SSI parent-to-child deeming rules so that we no longer will 
consider the income and resources of a stepparent when an eligible 
child resides in the household with a stepparent, but that child's 
natural or adoptive parent has permanently left the household. These 
rules respond to the circuit court decision and establish a uniform 
national policy with respect to this issue.

(Catalog of Federal Domestic Assistance Programs No. 96.006, 
Supplemental Security Income)

    Dated: May 8, 2008.
Michael J. Astrue,
Commissioner of Social Security.
 [FR Doc. E8-10930 Filed 5-14-08; 8:45 am]
BILLING CODE 4191-02-P