Social Security Ruling, SSR 85-3.; Rescission of Social Security Ruling 85-3, 48621-48622 [E9-22843]

Download as PDF Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices designate if consistent with the protection of investors and the public interest, provided that the selfregulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission,15 the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 16 and Rule 19b–4(f)(6) thereunder.17 Under Rule 19b–4(f)(6) of the Act,18 a proposal does not become operative for 30 days after the date of its filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative date. The Exchange notes that the proposed rule change is based on the rules of another self-regulatory organization and raises no new policy issues. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest, and thus designates the proposal as operative upon filing.19 The Commission notes that the Exchange’s proposal is based on a similar proposed rule change adopted by the Chicago Board Options Exchange.20 That proposal was subject to full notice and comment and no comments were received. Based on this, the Commission believes that it is appropriate to designate the proposal operative upon filing. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. mstockstill on DSKH9S0YB1PROD with NOTICES IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, 15 The Exchange has fulfilled this five day requirement. 16 15 U.S.C. 78s(b)(3)(A). 17 17 CFR 240.19b–4(f)(6). 18 Id. 19 For purposes only of waiving the operative delay of this proposal, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). See also 17 CFR 200.30–3(a)(59). 20 Securities Exchange Act Release No. 59417 (February 18, 2009), 74 FR 8591 (February 25, 2009) (SR–CBOE–2008–115). VerDate Nov<24>2008 17:06 Sep 22, 2009 Jkt 217001 including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s Internet comment form (http://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–Phlx–2009–81 on the subject line. 48621 SOCIAL SECURITY ADMINISTRATION [Docket No. SSA 2008–0060] Social Security Ruling, SSR 85–3.; Rescission of Social Security Ruling 85–3 Social Security Administration. Notice of Rescission of Social Security Ruling. AGENCY: ACTION: SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Commissioner of Social Security gives notice of the rescission of Social Security Ruling (SSR) 85–3. Paper Comments DATES: Effective Date: This rescission will be effective October 23, 2009. • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, FOR FURTHER INFORMATION CONTACT: Securities and Exchange Commission, Joann S. Anderson, Office of Income 100 F Street, NE., Washington, DC Security Programs, Social Security 20549–1090. Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, All submissions should refer to File (410) 965–6716 or TTY 410–966–5609, Number SR–Phlx–2009–81. This file for information about this notice. For number should be included on the information on eligibility or filing for subject line if e-mail is used. To help the benefits, call our national toll-free Commission process and review your number, 1–800–772–1213 or TTY 1– comments more efficiently, please use 800–325–0778, or visit our Internet site, only one method. The Commission will Social Security Online, at http:// post all comments on the Commission’s www.socialsecurity.gov. Internet Web site (http://www.sec.gov/ SUPPLEMENTARY INFORMATION: SSRs rules/sro.shtml). make available to the public Copies of the submission, all precedential decisions relating to the subsequent amendments, all written Federal old-age, survivors, disability, statements with respect to the proposed supplemental security income, special rule change that are filed with the veterans benefits, and black lung Commission, and all written benefits programs. SSRs may be based communications relating to the on determinations or decisions made at proposed rule change between the all levels of administrative adjudication, Commission and any person, other than Federal court decisions, Commissioner’s those that may be withheld from the decisions, opinions of the Office of the public in accordance with the General Counsel, or other provisions of 5 U.S.C. 552, will be interpretations of the law and available for inspection and copying in regulations. the Commission’s Public Reference SSR 85–3 states that we do not need Room. Copies of the filing also will be to authorize a representative’s fee when available for inspection and copying at the following conditions are met: the principal office of the Exchange. All 1. The claimant or beneficiary comments received will be posted (including any auxiliaries) is not liable without change; the Commission does to pay a fee or any expenses, or any part not edit personal identifying thereof, directly or indirectly, to the information from submissions. You representative or to someone else. should submit only information that 2. The entity which pays the fee and you wish to make available publicly. All expenses incurred, if any, on behalf of submissions should refer to File the claimant(s) or beneficiary(ies) is a Number SR–Phlx–2009–81 and should nonprofit organization or a Federal, be submitted on or before October 14, State, county, or city agency. 2009. 3. The payment of the fee and any expenses is made from funds provided For the Commission, by the Division of or administered by a government entity. Trading and Markets, pursuant to delegated 4. The representative submits to SSA authority.21 a written statement waiving the right to Florence E. Harmon, charge and collect a fee and expenses Deputy Secretary. from the claimant or beneficiary. [FR Doc. E9–22877 Filed 9–22–09; 8:45 am] We are publishing a final rule, BILLING CODE 8010–01–P Authorization of Representative Fees, in today’s Federal Register that 21 17 CFR 200.30–3(a)(12). incorporates this policy as revised at 20 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\23SEN1.SGM 23SEN1 48622 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Notices CFR 404.1720(e) and 416.1520(e). Accordingly, we are rescinding SSR 85– 3 as obsolete. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social Security-Survivors Insurance; and 96.006, Supplemental Security Income) Dated: July 30, 2009. Michael J. Astrue, Commissioner of Social Security. [FR Doc. E9–22843 Filed 9–22–09; 8:45 am] BILLING CODE 4191–02–P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Request for Public Comments on Annual Review of Country Eligibility for Benefits Under the African Growth and Opportunity Act AGENCY: Office of the United States Trade Representative. ACTION: Notice and Request for Comments. mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: The African Growth and Opportunity Act Implementation Subcommittee of the Trade Policy Staff Committee (the ‘‘Subcommittee’’) is requesting written public comments for the annual review of the eligibility of sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The Subcommittee will consider these comments in developing recommendations on AGOA country eligibility for the President. Comments received related to the child labor criteria may also be considered by the Secretary of Labor for the preparation of the Department of Labor’s report on child labor as required under section 412(c) of the Trade and Development Act of 2000. This notice identifies the eligibility criteria that must be considered under the AGOA, and lists those sub-Saharan African countries that are currently eligible for the benefits of the AGOA, and those that are currently ineligible for such benefits. DATES: Public comments are due at the Office of the U.S. Trade Representative (USTR) by noon, Monday, October 19, 2009. USTR strongly prefers electronic submissions made at http:// www.regulations.gov, docket number USTR–2009–0034. See ‘‘Requirements for Submission,’’ below. If you are unable to make a submission at www.regulations.gov, please contact Gloria Blue, Executive Secretary, Trade ADDRESSES: VerDate Nov<24>2008 17:06 Sep 22, 2009 Jkt 217001 Policy Staff Committee, at (202) 395– 6143 to make other arrangements. FOR FURTHER INFORMATION CONTACT: For procedural questions, please contact Gloria Blue, Office of the U.S. Trade Representative, 600 17th Street, NW., Room F516, Washington, DC, 20508, at (202) 395–3475. All other questions should be directed to Constance Hamilton, Deputy Assistant U.S. Trade Representative for Africa, Office of the U.S. Trade Representative, at (202) 395– 9514. SUPPLEMENTARY INFORMATION: The AGOA (Title I of the Trade and Development Act of 2000, Public Law 106–200) (19 U.S.C. 3721 et seq.), as amended, authorizes the President to designate sub-Saharan African countries as beneficiary sub-Saharan African countries eligible for duty-free treatment for certain additional products under the Generalized System of Preferences (GSP) (Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) (the ‘‘1974 Act’’)), as well as for the preferential treatment the AGOA provides for certain textile and apparel articles. The President may designate a country as a beneficiary sub-Saharan African country eligible for both the additional GSP benefits and the textile and apparel benefits of the AGOA for countries meeting certain statutory requirements intended to prevent unlawful transshipment of such articles, if he determines that the country meets the eligibility criteria set forth in: (1) Section 104 of the AGOA; and (2) section 502 of the 1974 Act. For 2009, 40 countries have been designated as beneficiary sub-Saharan African countries. These countries, as well as the 8 countries currently ineligible, are listed below. Section 506A of the 1974 Act provides that the President shall monitor and review annually the progress of each sub-Saharan African country in meeting the foregoing eligibility criteria in order to determine whether each beneficiary sub-Saharan African country should continue to be eligible, and whether each sub-Saharan African country that is currently not a beneficiary sub-Saharan African country, should be designated as such a country. Section 506A of the 1974 Act requires that, if the President determines that a beneficiary subSaharan African country is not making continual progress in meeting the eligibility requirements, he must terminate the designation of the country as a beneficiary sub-Saharan African country. The Subcommittee is seeking public comments in connection with the annual review of the eligibility of PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 beneficiary sub-Saharan African countries for the AGOA’s benefits. The Subcommittee will consider any such comments in developing recommendations on country eligibility for the President. Comments related to the child labor criteria may also be considered by the Secretary of Labor in making the findings required under section 504 of the 1974 Act. The following sub-Saharan African countries were designated as beneficiary sub-Saharan African countries in 2009: Angola Republic of Benin Republic of Botswana Burkina Faso Burundi Republic of Cape Verde Republic of Cameroon Republic of Chad Federal Islamic Republic of Comoros Republic of Congo Democratic Republic of Congo Republic of Djibouti Ethiopia Gabonese Republic The Gambia Republic of Ghana Republic of Guinea Republic of Guinea-Bissau Republic of Kenya Kingdom of Lesotho Republic of Liberia Republic of Madagascar Republic of Malawi Republic of Mali Republic of Mauritius Republic of Mozambique Republic of Namibia Republic of Niger Federal Republic of Nigeria Republic of Rwanda Sao Tome & Principe Republic of Senegal Republic of Seychelles Republic of Sierra Leone Republic of South Africa Kingdom of Swaziland United Republic of Tanzania Republic of Togo Republic of Uganda Republic of Zambia The following sub-Saharan African countries were not designated as beneficiary sub-Saharan African countries in 2009: Central African Republic Republic of Cote d’Ivoire Republic of Equatorial Guinea State of Eritrea Islamic Republic of Mauritania Somalia Republic of Sudan Republic of Zimbabwe Requirements for Submissions: Comments must be submitted in English. To ensure the most timely and E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Notices]
[Pages 48621-48622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22843]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA 2008-0060]


Social Security Ruling, SSR 85-3.; Rescission of Social Security 
Ruling 85-3

AGENCY: Social Security Administration.

ACTION: Notice of Rescission of Social Security Ruling.

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SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Commissioner of 
Social Security gives notice of the rescission of Social Security 
Ruling (SSR) 85-3.

DATES: Effective Date: This rescission will be effective October 23, 
2009.

FOR FURTHER INFORMATION CONTACT: Joann S. Anderson, Office of Income 
Security Programs, Social Security Administration, 6401 Security 
Boulevard, Baltimore, MD 21235-6401, (410) 965-6716 or TTY 410-966-
5609, 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: SSRs make available to the public 
precedential decisions relating to the Federal old-age, survivors, 
disability, supplemental security income, special veterans benefits, 
and black lung benefits programs. SSRs may be based on determinations 
or decisions made at all levels of administrative adjudication, Federal 
court decisions, Commissioner's decisions, opinions of the Office of 
the General Counsel, or other interpretations of the law and 
regulations.
    SSR 85-3 states that we do not need to authorize a representative's 
fee when the following conditions are met:
    1. The claimant or beneficiary (including any auxiliaries) is not 
liable to pay a fee or any expenses, or any part thereof, directly or 
indirectly, to the representative or to someone else.
    2. The entity which pays the fee and expenses incurred, if any, on 
behalf of the claimant(s) or beneficiary(ies) is a nonprofit 
organization or a Federal, State, county, or city agency.
    3. The payment of the fee and any expenses is made from funds 
provided or administered by a government entity.
    4. The representative submits to SSA a written statement waiving 
the right to charge and collect a fee and expenses from the claimant or 
beneficiary.
    We are publishing a final rule, Authorization of Representative 
Fees, in today's Federal Register that incorporates this policy as 
revised at 20

[[Page 48622]]

CFR 404.1720(e) and 416.1520(e). Accordingly, we are rescinding SSR 85-
3 as obsolete.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security-Disability Insurance; 96.002, Social Security-Retirement 
Insurance; 96.004, Social Security-Survivors Insurance; and 96.006, 
Supplemental Security Income)

    Dated: July 30, 2009.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E9-22843 Filed 9-22-09; 8:45 am]
BILLING CODE 4191-02-P