Technical Amendments to Definition of Persons Closely Approaching Retirement Age, 35100-35102 [E8-13789]
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35100
Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Proposed Rules
(2) For Model EMB–135BJ airplanes:
EMBRAER Service Bulletin 145LEG–28–
0018, Revision 01, dated April 20, 2005.
(g) For Model EMB–135ER, –135KE,
–135KL, –135LR, –145, –145ER, –145MR,
–145LR, –145XR, –145MP, and –145EP
airplanes that are not identified in paragraph
(f)(1) of this AD: Within 5,000 flight hours or
48 months after the effective date of this AD,
whichever occurs first, replace the metallic
tubes enclosing the vent and pilot valve
wires in the left- and right-hand wing fuel
tanks with new, improved, non-conductive
hoses; in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–28–0023, Revision 11,
dated December 4, 2007.
Credit for Actions Done Using Previous
Service Information
(h) Actions accomplished before the
effective date of this AD in accordance with
the service information specified in Table 1
of this AD are considered acceptable for
compliance with the corresponding actions
of this AD.
TABLE 1.—ACCEPTABLE EMBRAER SERVICE INFORMATION
EMBRAER Service Bulletin
Revision level
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145–28–0023 ...............................................................................................................................
145LEG–28–0018 ........................................................................................................................
Original ........................
01 ................................
02 ................................
03 ................................
04 ................................
05 ................................
06 ................................
07 ................................
08 ................................
09 ................................
10 ................................
Original ........................
Compliance (AMOCs)
(i)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(j) None.
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket Number: SSA–2008–0031]
RIN 0960–AG68
sroberts on PROD1PC70 with PROPOSALS
Technical Amendments to Definition of
Persons Closely Approaching
Retirement Age
Social Security Administration.
Notice of proposed rulemaking.
AGENCY:
SUMMARY: We propose to modify our
rules on age used in determining
disability under titles II and XVI of the
Social Security Act (‘‘The Act’’) to
VerDate Aug<31>2005
16:17 Jun 19, 2008
To ensure that we consider your
comments, we must receive them no
later than August 19, 2008.
DATES:
You may submit comments
by any one of four methods—Internet,
facsimile, regular mail, or handdelivery. Commenters should not
submit the same comments multiple
times or by more than one method.
Regardless of which of the following
methods you choose, please state that
your comments refer to Docket No.
SSA–2008–0031 to ensure that we can
associate your comments with the
correct regulation:
1. Federal eRulemaking portal at
https://www.regulations.gov. (This is the
most expedient method for submitting
your comments and we strongly urge
you to use it.) In the ‘‘Comment or
Submission’’ section of the webpage,
type ‘‘SSA–2008–0031,’’ select ‘‘Go,’’
and then click ‘‘Send a Comment or
Submission.’’ The Federal eRulemaking
portal will issue you a tracking number
when you submit a comment.
2. Telefax to (410) 966–2830.
3. Letter to the Commissioner of
Social Security, P.O. Box 17703,
Baltimore, MD 21235–7703.
ADDRESSES:
Issued in Renton, Washington, on June 6,
2008.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–13923 Filed 6–19–08; 8:45 am]
ACTION:
revise the definition of persons ‘‘closely
approaching retirement age’’ from ‘‘60–
64’’ to ‘‘60 or older.’’ The purpose of
these changes is to acknowledge that we
make disability determinations for
individuals over age 64. These proposed
changes are technical corrections that
would help to explain how we currently
determine disability for such
individuals and would not have any
substantive effect.
Jkt 214001
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Date
April 19, 2004.
June 9, 2004.
November 8, 2004.
April 27, 2005.
November 7, 2005.
May 15, 2006.
October 31, 2006.
February 7, 2007.
May 25, 2007.
July 30, 2007.
October 28, 2007.
April 23, 2004.
4. Deliver your comments to the
Office of Regulations, Social Security
Administration, 922 Altmeyer Building,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, between 8 a.m.
and 4:30 p.m. on regular business days.
All comments are posted on the
Federal eRulemaking portal, although
they may not appear for several days
after receipt of the comment. You may
also inspect the comments on regular
business days by arranging with the
contact person shown in this preamble.
Caution: All comments we receive
from members of the public are
available for public viewing on the
Federal eRulemaking portal at https://
www.regulations.gov. You should be
careful to include in your comments
only information that you wish to make
publicly available on the Internet. We
strongly urge you not to include any
personal information, such as your
Social Security number or medical
information, in your comments.
FOR FURTHER INFORMATION CONTACT:
Helen Droddy, Regulations Analyst, 934
Altmeyer Building, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 965–1483, 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 https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is
available on the date of publication in
E:\FR\FM\20JNP1.SGM
20JNP1
Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Proposed Rules
sroberts on PROD1PC70 with PROPOSALS
the Federal Register at https://
www.gpoaccess.gov/fr/.
Change to Definition of Persons
‘‘Closely Approaching Retirement Age’’
In an effort to keep our regulations
current, we regularly review our
regulations to eliminate or modify any
rules affected by legal or policy changes.
Our current rules define individuals
‘‘closely approaching retirement age’’ as
those who are ‘‘age 60–64.’’ 20 CFR
404.1563(e) (2007); 20 CFR 416.963(e)
(2007).
An individual can establish
entitlement to benefits based on
disability or blindness until the month
in which he or she attains full
retirement age under title II. When we
first published these rules, we did not
make disability determinations for
individuals who were over 64 years of
age because age 65 was full retirement
age under title II. In 1983, Congress
legislated a gradual increase in ‘‘full
retirement age’’ (‘‘FRA’’) from 65 to 67.
As a result, we are now processing
disability claims for individuals who are
over age 64.
Under title XVI, we sometimes must
determine whether individuals age 65 or
older are disabled in order to determine,
among other things, benefit eligibility of
‘‘qualified’’ aliens, eligibility for certain
State supplements, the applicability of
work incentive provisions, or the
appropriate evaluation of income and
resources. Currently, when we
determine whether such individuals are
disabled, we generally use the same
rules as we do for individuals who are
age 60–64.
We propose to modify our rules at
§§ 404.1563(e); 404.1568(d)(4);
416.963(e); 416.968(d)(4); and part 404,
subpart P, appendix 2, §§ 202.00(f), and
203.00(c) to include individuals over
age 64 in the subcategory of those
‘‘closely approaching retirement age’’
for benefits based on disability under
titles II and XVI of the Act. This
modification would make the definition
consistent with our definition of FRA
and acknowledge that we make
disability determinations for individuals
over age 64 under title XVI. The
proposed changes are technical
corrections and would not have any
substantive effect.
In 2005, we published an NPRM that
would have redefined all of the age
categories. However, this NPRM does
not incorporate the changes suggested in
the 2005 NPRM nor modify our existing
policy in any manner.
Clarity of These Proposed Rules
Executive Order (‘‘E.O.’’) 12866, as
amended, requires each agency to write
VerDate Aug<31>2005
16:17 Jun 19, 2008
Jkt 214001
all rules in plain language. In addition
to your substantive comments on these
proposed rules, we invite your
comments on how to make them easier
to understand.
For example:
• Would more (but shorter) sections
be better?
• Are the requirements in the rules
clearly stated?
• Have we organized the material to
suit your needs?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rules easier to understand?
• Do the rules contain technical
language or jargon that is not clear?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rules easier to
understand?
When Will We Start To Use These
Rules?
We will not use these rules until we
evaluate the public comments we
receive on them, determine whether
they should be issued as final rules, and
issue final rules in the Federal Register.
If we publish final rules, we will
explain in the preamble how we will
apply them, and summarize and
respond to the public comments. Until
the effective date of any final rules, we
will continue to use our current rules.
Regulatory Procedures
Executive Order 12866, as Amended
We have consulted with the Office of
Management and Budget (‘‘OMB’’) and
determined that these proposed rules do
not meet the criteria for a significant
regulatory action under Executive Order
12866, as amended. Thus, they are not
subject to OMB review.
Regulatory Flexibility Act
We certify that these final rules will
not have a significant economic impact
on a substantial number of small entities
as they affect individuals only.
Therefore, a regulatory flexibility
analysis as provided in the Regulatory
Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
These regulations impose no reporting
or recordkeeping requirements subject
to OMB clearance.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001 Social Security—
Disability Insurance; 96.006 Supplemental
Security Income.)
PO 00000
Frm 00013
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35101
List of Subjects
20 CFR Part 404
Administrative practice and
procedure; Blind; Disability benefits;
Old-Age, Survivors, and Disability
Insurance; Reporting and recordkeeping
requirements; Social security.
20 CFR Part 416
Administrative practice and
procedure; Aged: Blind; Disability
benefits; Public assistance programs;
Reporting and recordkeeping
requirements; Supplemental Security
Income (SSI).
Dated: June 12, 2008.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the
preamble, we propose to amend 20 CFR
parts 404 and 416 as follows:
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950—)
Subpart P—[Amended]
1. The authority citation for subpart P
of part 404 continues to read as follows:
Authority: Secs. 202, 205(a), (b), and (d)–
(h), 216(i), 221(a) and (i), 222(c), 223, 225,
and 702(a)(5) of the Social Security Act (42
U.S.C. 402, 405(a), (b), and (d)–(h), 416(i),
421(a) and (i), 422(c), 423, 425, and
902(a)(5)); sec. 211(b), Pub. L. 104–193, 110
Stat. 2105, 2189; sec. 202, Pub. L. 108–203,
118 Stat. 509 (42 U.S.C. 902 note).
2. Amend § 404.1563 to revise
paragraph (e) to read as follows:
§ 404.1563
Your age as a vocational factor.
*
*
*
*
*
(e) Person of advanced age. We
consider that at advanced age (age 55 or
older), age significantly affects a
person’s ability to adjust to other work.
We have special rules for persons of
advanced age and for persons in this
category who are closely approaching
retirement age (age 60 or older). See
§ 404.1568(d)(4).
*
*
*
*
*
3. Amend § 404.1568 to revise the
fifth sentence of paragraph (d)(4) to read
as follows:
§ 404.1568
Skill requirements.
*
*
*
*
*
(d) Skills that can be used in other
work (transferability). * * *
(4) Transferability of skills for
individuals of advanced age. * * * If
you are closely approaching retirement
age (age 60 or older) and you have a
severe impairment(s) that limits you to
no more than light work, we will find
that you have skills that are transferable
E:\FR\FM\20JNP1.SGM
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35102
Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Proposed Rules
to skilled or semiskilled light work only
if the light work is so similar to your
previous work that you would need to
make very little, if any, vocational
adjustment in terms of tools, work
processes, work settings, or the
industry. * * *
4. Amend part 404, subpart P,
appendix 2, as follows:
a. In section 202.00, revise paragraph
(f) to read as follows:
b. In section 203.00, revise the third
sentence of paragraph (c) to read as
follows:
Appendix 2 to Subpart P of Part 404—
Medical-Vocational Guidelines
*
*
*
*
*
202.00 Maximum sustained work
capability limited to light work as a result of
severe medically determinable
impairment(s).
*
*
*
*
*
(f) For a finding of transferability of skills
to light work for individuals of advanced age
who are closely approaching retirement age
(age 60 or older), there must be very little, if
any, vocational adjustment required in terms
of tools, work processes, work settings, or the
industry.
*
*
*
*
*
*
*
*
(c) * * * Further, for individuals closely
approaching retirement age (60 or older) with
a work history of unskilled work and with
marginal education or less, a finding of
disabled is appropriate.
*
*
*
*
*
Subpart I—[Amended]
5. The authority citation for subpart I
of part 416 continues to read as follows:
Authority: Secs. 221(m), 702 (a)(5), 1611,
1614, 1619, 1631(a), (c), and (d)(1), and (p),
and 1633 of the Social Security Act (42
U.S.C. 421(m), 902(a)(5), 1382, 1382c, 1382h,
1383(a), (c), and (d)(1), and (p), and 1383(b);
secs. 4(c) and 5, 6(c)–(e), 14(a), and 15, Pub.
L. 98–460, 98 Stat. 1794, 1801, 1802, and
1808 (42 U.S.C. 421 note, 423 note, and
1382h note).
6. Amend § 416.963 to revise
paragraph (e) to read as follows:
sroberts on PROD1PC70 with PROPOSALS
Your age as a vocational factor.
*
*
*
*
*
(e) Person of advanced age. We
consider that at advanced age (age 55 or
older), age significantly affects a
person’s ability to adjust to other work.
We have special rules for persons of
advanced age and for persons in this
VerDate Aug<31>2005
Skill requirements.
*
*
*
*
*
(d) Skills that can be used in other
work (transferability). * * *
(4) Transferability of skills for
individuals of advanced age. * * * If
you are closely approaching retirement
age (age 60 or older) and you have a
severe impairment(s) that limits you to
no more than light work, we will find
that you have skills that are transferable
to skilled or semiskilled light work only
if the light work is so similar to your
previous work that you would need to
make very little, if any, vocational
adjustment in terms of tools, work
processes, work settings, or the
industry. * * *
[FR Doc. E8–13789 Filed 6–19–08; 8:45 am]
BILLING CODE 4191–02–P
16:27 Jun 19, 2008
DEPARTMENT OF LABOR
Employees Compensation Appeals
Board
20 CFR Part 501
RIN 1290–AA22
Rules of Procedure
Employees’ Compensation
Appeals Board, Department of Labor.
ACTION: Notice of Proposed Rulemaking
(NPRM); Request for Comments.
AGENCY:
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
§ 416.963
§ 416.968
*
203.00 Maximum sustained work
capability limited to medium work as a result
of severe medically determinable
impairment(s).
*
category who are closely approaching
retirement age (age 60 or older). See
§ 416.968(d)(4).
*
*
*
*
*
7. Amend § 416.968 to revise the fifth
sentence of paragraph (d)(4) to read as
follows:
Jkt 214001
SUMMARY: The Department of Labor
(DOL or Department) is issuing this
Notice of Proposed Rulemaking (NPRM)
to update the regulations providing for
appeals before the Employees’
Compensation Appeals Board (Board).
The Board has jurisdiction over appeals
arising under the Federal Employees’
Compensation Act (FECA). 5 U.S.C.
8149. Over the forty-six years since the
last major revisions to the Board’s
procedural regulations, several aspects
of the current rules have become
outdated by case law precedent or
technological advances. These proposed
revisions will provide updated rules
and guidance to all federal employees
who seek to appeal from the decisions
of the Office of Workers’ Compensation
Programs (OWCP) under FECA.
DATES: The Department invites
interested persons to submit comments
on this proposed rule. To ensure
PO 00000
Frm 00014
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consideration, comments must be in
writing and must be received on or
before August 19, 2008.
ADDRESSES: You may submit comments,
identified by Regulatory Identification
Number (RIN) 1290–AA22, by either
one of the two following methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
Web site instructions for submitting
comments.
• Mail/Hand Delivery/Courier:
Written comments, disk and CD-Rom
submissions may be mailed or delivered
by hand delivery/courier to Alec J.
Koromilas, Chairman and Chief Judge,
Employees’ Compensation Appeals
Board, via the Office of the Clerk of the
Appellate Boards, 200 Constitution
Avenue, NW., Washington, DC 20210.
The Office of the Clerk is open during
business hours on all days except
Saturdays, Sundays and Federal
Holidays, from 8:30 a.m. to 5 p.m.,
Eastern Time.
Additional information on submitting
and reviewing comments is found in
Section IV.
FOR FURTHER INFORMATION CONTACT: Alec
J. Koromilas, Chairman and Chief Judge,
Employees’ Compensation Appeals
Board, 200 Constitution Avenue, NW.,
Room S–5220, Washington, DC, 20210;
E-mail contact-oas@dol.gov; Telephone
(202) 693–6406 (VOICE) (this is not a
toll-free number). Individuals with
hearing or speech impairments may
access the telephone number above via
TTY by calling the toll-free Federal
Information Relay Service at (800) 877–
8339.
SUPPLEMENTARY INFORMATION: This
preamble is divided into four sections.
Section I provides general background
information on the development of the
proposed revisions to 20 CFR part 501.
Section II is a section-by-section
analysis of the proposed regulatory text.
Section III covers the administrative
requirements for this proposed
rulemaking. Section IV provides
additional information and instructions
to those wishing to comment on the
rule.
I. Background
The Employees’ Compensation
Appeals Board was created by the
Reorganization Plan No. 2 of 1946 and
transferred to the Department of Labor
in 1950 by Reorganization Plan No. 19
of 1950. See 5 U.S.C. 8145 notes. Under
the Federal Employees’ Compensation
Act, the Secretary of Labor must provide
for an Employees’ Compensation
Appeals Board ‘‘* * * with the
authority to hear and, subject to
applicable law and the rules and
E:\FR\FM\20JNP1.SGM
20JNP1
]]>Agencies
[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Proposed Rules]
[Pages 35100-35102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13789]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket Number: SSA-2008-0031]
RIN 0960-AG68
Technical Amendments to Definition of Persons Closely Approaching
Retirement Age
AGENCY: Social Security Administration.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: We propose to modify our rules on age used in determining
disability under titles II and XVI of the Social Security Act (``The
Act'') to revise the definition of persons ``closely approaching
retirement age'' from ``60-64'' to ``60 or older.'' The purpose of
these changes is to acknowledge that we make disability determinations
for individuals over age 64. These proposed changes are technical
corrections that would help to explain how we currently determine
disability for such individuals and would not have any substantive
effect.
DATES: To ensure that we consider your comments, we must receive them
no later than August 19, 2008.
ADDRESSES: You may submit comments by any one of four methods--
Internet, facsimile, regular mail, or hand-delivery. Commenters should
not submit the same comments multiple times or by more than one method.
Regardless of which of the following methods you choose, please state
that your comments refer to Docket No. SSA-2008-0031 to ensure that we
can associate your comments with the correct regulation:
1. Federal eRulemaking portal at https://www.regulations.gov. (This
is the most expedient method for submitting your comments and we
strongly urge you to use it.) In the ``Comment or Submission'' section
of the webpage, type ``SSA-2008-0031,'' select ``Go,'' and then click
``Send a Comment or Submission.'' The Federal eRulemaking portal will
issue you a tracking number when you submit a comment.
2. Telefax to (410) 966-2830.
3. Letter to the Commissioner of Social Security, P.O. Box 17703,
Baltimore, MD 21235-7703.
4. Deliver your comments to the Office of Regulations, Social
Security Administration, 922 Altmeyer Building, 6401 Security
Boulevard, Baltimore, Maryland 21235-6401, between 8 a.m. and 4:30 p.m.
on regular business days.
All comments are posted on the Federal eRulemaking portal, although
they may not appear for several days after receipt of the comment. You
may also inspect the comments on regular business days by arranging
with the contact person shown in this preamble.
Caution: All comments we receive from members of the public are
available for public viewing on the Federal eRulemaking portal at
https://www.regulations.gov. You should be careful to include in your
comments only information that you wish to make publicly available on
the Internet. We strongly urge you not to include any personal
information, such as your Social Security number or medical
information, in your comments.
FOR FURTHER INFORMATION CONTACT: Helen Droddy, Regulations Analyst, 934
Altmeyer Building, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235-6401, (410) 965-1483, 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
https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is available on the date of
publication in
[[Page 35101]]
the Federal Register at https://www.gpoaccess.gov/fr/.
Change to Definition of Persons ``Closely Approaching Retirement Age''
In an effort to keep our regulations current, we regularly review
our regulations to eliminate or modify any rules affected by legal or
policy changes. Our current rules define individuals ``closely
approaching retirement age'' as those who are ``age 60-64.'' 20 CFR
404.1563(e) (2007); 20 CFR 416.963(e) (2007).
An individual can establish entitlement to benefits based on
disability or blindness until the month in which he or she attains full
retirement age under title II. When we first published these rules, we
did not make disability determinations for individuals who were over 64
years of age because age 65 was full retirement age under title II. In
1983, Congress legislated a gradual increase in ``full retirement age''
(``FRA'') from 65 to 67. As a result, we are now processing disability
claims for individuals who are over age 64.
Under title XVI, we sometimes must determine whether individuals
age 65 or older are disabled in order to determine, among other things,
benefit eligibility of ``qualified'' aliens, eligibility for certain
State supplements, the applicability of work incentive provisions, or
the appropriate evaluation of income and resources. Currently, when we
determine whether such individuals are disabled, we generally use the
same rules as we do for individuals who are age 60-64.
We propose to modify our rules at Sec. Sec. 404.1563(e);
404.1568(d)(4); 416.963(e); 416.968(d)(4); and part 404, subpart P,
appendix 2, Sec. Sec. 202.00(f), and 203.00(c) to include individuals
over age 64 in the subcategory of those ``closely approaching
retirement age'' for benefits based on disability under titles II and
XVI of the Act. This modification would make the definition consistent
with our definition of FRA and acknowledge that we make disability
determinations for individuals over age 64 under title XVI. The
proposed changes are technical corrections and would not have any
substantive effect.
In 2005, we published an NPRM that would have redefined all of the
age categories. However, this NPRM does not incorporate the changes
suggested in the 2005 NPRM nor modify our existing policy in any
manner.
Clarity of These Proposed Rules
Executive Order (``E.O.'') 12866, as amended, requires each agency
to write all rules in plain language. In addition to your substantive
comments on these proposed rules, we invite your comments on how to
make them easier to understand.
For example:
Would more (but shorter) sections be better?
Are the requirements in the rules clearly stated?
Have we organized the material to suit your needs?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rules easier to
understand?
Do the rules contain technical language or jargon that is
not clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rules easier to understand?
When Will We Start To Use These Rules?
We will not use these rules until we evaluate the public comments
we receive on them, determine whether they should be issued as final
rules, and issue final rules in the Federal Register. If we publish
final rules, we will explain in the preamble how we will apply them,
and summarize and respond to the public comments. Until the effective
date of any final rules, we will continue to use our current rules.
Regulatory Procedures
Executive Order 12866, as Amended
We have consulted with the Office of Management and Budget
(``OMB'') and determined that these proposed rules do not meet the
criteria for a significant regulatory action under Executive Order
12866, as amended. Thus, they are not subject to OMB review.
Regulatory Flexibility Act
We certify that these final rules will not have a significant
economic impact on a substantial number of small entities as they
affect individuals only. Therefore, a regulatory flexibility analysis
as provided in the Regulatory Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
These regulations impose no reporting or recordkeeping requirements
subject to OMB clearance.
(Catalog of Federal Domestic Assistance Program Nos. 96.001 Social
Security--Disability Insurance; 96.006 Supplemental Security
Income.)
List of Subjects
20 CFR Part 404
Administrative practice and procedure; Blind; Disability benefits;
Old-Age, Survivors, and Disability Insurance; Reporting and
recordkeeping requirements; Social security.
20 CFR Part 416
Administrative practice and procedure; Aged: Blind; Disability
benefits; Public assistance programs; Reporting and recordkeeping
requirements; Supplemental Security Income (SSI).
Dated: June 12, 2008.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the preamble, we propose to amend 20 CFR
parts 404 and 416 as follows:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950--)
Subpart P--[Amended]
1. The authority citation for subpart P of part 404 continues to
read as follows:
Authority: Secs. 202, 205(a), (b), and (d)-(h), 216(i), 221(a)
and (i), 222(c), 223, 225, and 702(a)(5) of the Social Security Act
(42 U.S.C. 402, 405(a), (b), and (d)-(h), 416(i), 421(a) and (i),
422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 110
Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42
U.S.C. 902 note).
2. Amend Sec. 404.1563 to revise paragraph (e) to read as follows:
Sec. 404.1563 Your age as a vocational factor.
* * * * *
(e) Person of advanced age. We consider that at advanced age (age
55 or older), age significantly affects a person's ability to adjust to
other work. We have special rules for persons of advanced age and for
persons in this category who are closely approaching retirement age
(age 60 or older). See Sec. 404.1568(d)(4).
* * * * *
3. Amend Sec. 404.1568 to revise the fifth sentence of paragraph
(d)(4) to read as follows:
Sec. 404.1568 Skill requirements.
* * * * *
(d) Skills that can be used in other work (transferability). * * *
(4) Transferability of skills for individuals of advanced age. * *
* If you are closely approaching retirement age (age 60 or older) and
you have a severe impairment(s) that limits you to no more than light
work, we will find that you have skills that are transferable
[[Page 35102]]
to skilled or semiskilled light work only if the light work is so
similar to your previous work that you would need to make very little,
if any, vocational adjustment in terms of tools, work processes, work
settings, or the industry. * * *
4. Amend part 404, subpart P, appendix 2, as follows:
a. In section 202.00, revise paragraph (f) to read as follows:
b. In section 203.00, revise the third sentence of paragraph (c) to
read as follows:
Appendix 2 to Subpart P of Part 404--Medical-Vocational Guidelines
* * * * *
202.00 Maximum sustained work capability limited to light work
as a result of severe medically determinable impairment(s).
* * * * *
(f) For a finding of transferability of skills to light work for
individuals of advanced age who are closely approaching retirement
age (age 60 or older), there must be very little, if any, vocational
adjustment required in terms of tools, work processes, work
settings, or the industry.
* * * * *
203.00 Maximum sustained work capability limited to medium work
as a result of severe medically determinable impairment(s).
* * * * *
(c) * * * Further, for individuals closely approaching
retirement age (60 or older) with a work history of unskilled work
and with marginal education or less, a finding of disabled is
appropriate.
* * * * *
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart I--[Amended]
5. The authority citation for subpart I of part 416 continues to
read as follows:
Authority: Secs. 221(m), 702 (a)(5), 1611, 1614, 1619, 1631(a),
(c), and (d)(1), and (p), and 1633 of the Social Security Act (42
U.S.C. 421(m), 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), and
(d)(1), and (p), and 1383(b); secs. 4(c) and 5, 6(c)-(e), 14(a), and
15, Pub. L. 98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C.
421 note, 423 note, and 1382h note).
6. Amend Sec. 416.963 to revise paragraph (e) to read as follows:
Sec. 416.963 Your age as a vocational factor.
* * * * *
(e) Person of advanced age. We consider that at advanced age (age
55 or older), age significantly affects a person's ability to adjust to
other work. We have special rules for persons of advanced age and for
persons in this category who are closely approaching retirement age
(age 60 or older). See Sec. 416.968(d)(4).
* * * * *
7. Amend Sec. 416.968 to revise the fifth sentence of paragraph
(d)(4) to read as follows:
Sec. 416.968 Skill requirements.
* * * * *
(d) Skills that can be used in other work (transferability). * * *
(4) Transferability of skills for individuals of advanced age. * *
* If you are closely approaching retirement age (age 60 or older) and
you have a severe impairment(s) that limits you to no more than light
work, we will find that you have skills that are transferable to
skilled or semiskilled light work only if the light work is so similar
to your previous work that you would need to make very little, if any,
vocational adjustment in terms of tools, work processes, work settings,
or the industry. * * *
[FR Doc. E8-13789 Filed 6-19-08; 8:45 am]
BILLING CODE 4191-02-P
