Agency Information Collection Activities: Proposed Request and Comment Request, 51840-51842 [2012-20972]
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51840
Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Notices
Electronic Comments
SOCIAL SECURITY ADMINISTRATION
Phlx does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
Agency Information Collection
Activities: Proposed Request and
Comment Request
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
No. SR–Phlx–2012–107 on the subject
line.
Paper Comments
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 5 and Rule
19b–4(f)(6) thereunder.6 Because the
proposed rule change does not: (i)
Significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 7 and Rule 19b–4(f)(6)(iii)
thereunder.8
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend 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.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
5 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
7 15 U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change along with a brief
description and text of 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. The Exchange
has satisfied this requirement.
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• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File No.
SR–Phlx–2012–107. This file number
should be included on the subject line
if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of such filing
also will be available for inspection and
copying at the principal office of the
Exchange. All comments received will
be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File No. SR–Phlx–2012–
107 and should be submitted on or
before September 17, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012–20970 Filed 8–24–12; 8:45 am]
BILLING CODE 8011–01–P
9 17
PO 00000
CFR 200.30–3(a)(12).
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The Social Security Administration
(SSA) publishes a list of information
collection packages requiring clearance
by the Office of Management and
Budget (OMB) in compliance with
Public Law 104–13, the Paperwork
Reduction Act of 1995, effective October
1, 1995. This notice includes revisions
and one extension of OMB-approved
information collections.
SSA is soliciting comments on the
accuracy of the agency’s burden
estimate; the need for the information;
its practical utility; ways to enhance its
quality, utility, and clarity; and ways to
minimize burden on respondents,
including the use of automated
collection techniques or other forms of
information technology. Mail, email, or
fax your comments and
recommendations on the information
collection(s) to the OMB Desk Officer
and SSA Reports Clearance Officer at
the following addresses or fax numbers.
(OMB)
Office of Management and Budget, Attn:
Desk Officer for SSA, Fax: 202–395–
6974, Email address:
OIRA_Submission@omb.eop.gov.
(SSA)
Social Security Administration, DCRDP,
Attn: Reports Clearance Director, 107
Altmeyer Building, 6401 Security
Blvd., Baltimore, MD 21235, Fax:
410–966–2830, Email address:
OR.Reports.Clearance@ssa.gov.
I. The information collection below is
pending at SSA. SSA will submit it to
OMB within 60 days from the date of
this notice. To be sure we consider your
comments, we must receive them no
later than October 26, 2012. Individuals
can obtain copies of the collection
instrument by writing to the above
email address.
State Supplementation Provisions:
Agreement; Payments—20 CFR
416.2095–416.2098, 416.2099—0960–
0240. Section 1618 of the Social
Security Act (Act) contains pass-along
provisions of the Social Security
amendments. These provisions require
states that supplement Federal
Supplemental Security Income
payments to pass along Federal cost-ofliving increases to individuals who are
eligible for state supplemental
payments. If a state fails to keep
payments at the required level, it
becomes ineligible for Medicaid
reimbursement under title XIX of the
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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Notices
Act. SSA uses the information to
determine a state’s eligibility for
Medicaid reimbursement. Respondents
are state agencies administering
supplemental programs.
Type of Request: Extension of an
OMB-approved information collection.
Number of
respondents
Modality of completion
Frequency of
response
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
Total Expenditures ...........................................................................................
Maintenance of Payment Levels .....................................................................
7
24
4
1
60
60
28
24
Total ..........................................................................................................
31
........................
........................
52
II. SSA submitted the information
collections below to OMB for clearance.
Your comments regarding the
information collections would be most
useful if OMB and SSA receive them 30
days from the date of this publication.
To be sure we consider your comments,
we must receive them no later than
September 26, 2012. Individuals can
obtain copies of the OMB clearance
packages by writing to
OPLM.RCO@ssa.gov.
1. Request for Internet Services—
Authentication; Automated Telephone
Speech Technology—Knowledge-Based
Authentication (RISA)—20 CFR
401.45—0960–0596. RISA, one of SSA’s
authentication methods, allows
individuals to access their personal
information through our Internet and
Automated Telephone Services. SSA
asks individuals and third parties who
seek personal information from SSA
records, or who register to participate in
SSA’s online business services, to
provide certain identifying information.
As an extra measure of protection, SSA
Number of
respondents
Modality of completion
asks requestors who use the Internet and
telephone services to provide additional
identifying information unique to those
services so SSA can authenticate their
identities before releasing personal
information. The respondents are
current beneficiaries who are requesting
personal information from SSA, and
individuals and third parties who are
registering for SSA’s online business
services.
Type of Request: Revision of an OMBapproved information collection.
Frequency of
response
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
Internet Requestors .........................................................................................
Telephone Requestors ....................................................................................
*Screen Splash (on hold) ................................................................................
7,929,336
8,123,835
1
1
1
........................
2.5
4.5
........................
330,389
609,288
1
Totals ........................................................................................................
16,053,172
........................
........................
939,678
* We are reducing the burden to a one-hour placeholder burden, because we are placing the Screen Splash application on hold.
2. Application for Special Benefits for
World War II Veterans—20 CFR 408,
Subparts B, C and D—0960–0615. Title
VIII of the Act (Special Benefits for
Certain World War II Veterans) allows
qualified World War II veterans residing
outside the United States to receive
monthly payments. These regulations
establish the requirements individuals
need to qualify for and become entitled
to Special Veterans Benefits (SVB). SSA
uses Form SSA–2000–F6 to elicit the
information we need to determine
entitlement to SVB. This information
Number of
respondents
Modality of completion
collection request comprises the
relevant regulations and Form SSA–
2006–F6. The respondents are
individuals applying for SVB under title
VIII of the Act.
Type of Request: Revision of an OMBapproved information collection.
Frequency of
response
Average
burden per
response
(minutes)
Estimated
total annual
burden
(hours)
100
71
66
71
1
1
1
1
20
15
30
15
33
18
33
18
Totals ........................................................................................................
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§ 408.202(d); § 408.210; § 408.230(a); § 408.305; §§ 408.310–.315 (SSA–
2000–F6) ......................................................................................................
§ 408.420(a), (b) ..............................................................................................
§§ 408.430 & .432 ............................................................................................
§ 408.435(a), (b), (c) ........................................................................................
308
........................
........................
102
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51842
Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Notices
Dated: August 22, 2012.
Faye Lipsky,
Reports Clearance Director, Social Security
Administration.
[FR Doc. 2012–20972 Filed 8–24–12; 8:45 am]
BILLING CODE 4191–02–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2012–0046]
Social Security Acquiescence Ruling
(AR) 12–X(8); Petersen v. Astrue, 633
F.3d 633 (8th Cir. 2011); Whether a
National Guard Technician Who
Worked in Noncovered Employment Is
Exempt From the Windfall Elimination
Provision (WEP)—Title II of the Social
Security Act
Social Security Administration.
Notice of Social Security
Acquiescence Ruling.
AGENCY:
ACTION:
We are publishing this Social
Security Acquiescence Ruling (AR) in
accordance with 20 CFR 402.35(b)(2).
DATES: Effective Date: August 27, 2012.
FOR FURTHER INFORMATION CONTACT:
Robert Crowe, Office of the General
Counsel, Office of Program Law, Social
Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 965–3155, 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 https://
www.socialsecurity.gov.
SUMMARY:
An AR
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
that decision or is unsuccessful on
further review.
We will apply the holding of the
Court of Appeals’ decision as explained
in this AR to all determinations or
decisions at all levels of administrative
review within the Eighth Circuit. We
will apply this AR to all determinations
or decisions made on or after August 27,
2012. If we made a determination or
decision to apply the WEP to your
retirement or disability benefits between
February 3, 2011, the date of the Court
of Appeals’ decision, and August 27,
2012, the effective date of this AR, you
may request that we apply the AR to the
prior determination or decision. You
must show, pursuant to 20 CFR
404.985(b)(2), that applying the AR
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SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
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Jkt 226001
could change our prior determination or
decision in your case.
In addition, when we received this
precedential Court of Appeals’ decision
and determined that an AR might be
required, we began to identify those
persons within the circuit who might be
subject to readjudication if we
subsequently issued an AR. Because we
have determined that an AR is required
and are publishing this AR, we will
send a notice to those individuals we
have identified. In the notice, we will
provide information about the AR and
their right to request readjudication
under the AR. However, affected
individuals do not need to receive a
notice in order to request that we apply
this AR to our prior determination or
decision, as provided in 20 CFR
404.985(b)(2).
If we later rescind this AR as obsolete,
we will publish a notice in the Federal
Register to that effect, as provided in 20
CFR 404.985(e). If we decide to relitigate
the issue covered by this AR, as
provided by 20 CFR 404.985(c), we will
publish a notice in the Federal Register
stating that we will apply our
interpretation of the Act or regulations
involved and explaining why we have
decided to relitigate the issue.
(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)
Dated: August 21, 2012.
Michael J. Astrue,
Commissioner of Social Security.
Acquiescence Ruling 12–X(8)
Petersen v. Astrue, 633 F.3d 633 (8th
Cir. 2011): Whether a National Guard
Technician Who Worked in Noncovered
Employment Is Exempt From the
Windfall Elimination Provision (WEP)—
Title II of the Social Security Act.
Issue: Whether a National Guard
technician who worked in noncovered
employment under the Civil Service
Retirement System (CSRS) is subject to
the WEP.
Statutory and Regulatory Citation:
Section 215(a)(7)(A)(III) of the Social
Security Act, 42 U.S.C. 415(a)(7)(A); 20
CFR 404.213(e)(9).
Circuit: Eighth (Arkansas, Iowa,
Minnesota, Missouri, Nebraska, North
Dakota, and South Dakota).
Applicability of Ruling: This ruling
applies to determinations or decisions,
at all levels of administrative review,
i.e., initial, reconsideration,
administrative law judge (ALJ) hearing,
and Appeals Council.
Description of Case: Mr. Petersen was
a technician with the National Guard
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Frm 00095
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from 1972 to 2000. The National Guard
Technician Act of 1968, Pub. L. 90–486,
codified at 32 U.S.C. 709, made
technicians with the National Guard
civil service employees of the United
States Government. Some technicians,
like Mr. Petersen, have ‘‘dual status’’
because they are not only civilian
employees but also military members of
the National Guard. Mr. Petersen
received a civilian pension from the
CSRS for his work as a National Guard
technician. His work as a technician
was not covered by Social Security, and
Social Security taxes were not withheld
from his pay. Thus, his CSRS pension
is based wholly on noncovered civil
service work.
Mr. Petersen applied for Social
Security retirement benefits in 2006.
Social Security found that he was
entitled to benefits but informed Mr.
Petersen that his benefit amount would
be reduced in accordance with the WEP.
The agency denied his request for
reconsideration. He requested a hearing
by an ALJ, and the ALJ found that Mr.
Petersen’s benefits should not be
reduced because of the WEP. The
Appeals Council then reviewed the
ALJ’s decision on its own motion and
subsequently issued a decision finding
that Mr. Petersen’s benefits were subject
to reduction under the WEP. The
Appeals Council’s decision was the
agency’s final decision.
Mr. Petersen requested judicial review
of the agency’s final decision in
accordance with 42 U.S.C. 405(g). On
February 23, 2009, the district court
issued a decision finding that his
benefits were not subject to the WEP
because 42 U.S.C. 415(a)(7)(A)(III)
exempts from the WEP those retirement
payments based on service as a member
of a uniformed service. The district
court found that Mr. Petersen’s National
Guard technician service qualified him
for this exception. The Government
appealed the district court’s decision to
the United States Court of Appeals for
the Eighth Circuit.
Holding
The Court of Appeals noted that ‘‘dual
status’’ National Guard technicians must
maintain military membership in the
National Guard and are also required to
wear their uniform, even when
performing civilian technician work.
The Eighth Circuit held that, as a result
of ‘‘these unique National Guard
technician requirements imposed upon
him, Petersen performed his work ‘as a
member of’ the Nebraska Air National
Guard.’’ Consequently, the Eighth
Circuit found that Mr. Petersen qualified
for the exception to the WEP for work
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]]>Agencies
[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Notices]
[Pages 51840-51842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20972]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
Agency Information Collection Activities: Proposed Request and
Comment Request
The Social Security Administration (SSA) publishes a list of
information collection packages requiring clearance by the Office of
Management and Budget (OMB) in compliance with Public Law 104-13, the
Paperwork Reduction Act of 1995, effective October 1, 1995. This notice
includes revisions and one extension of OMB-approved information
collections.
SSA is soliciting comments on the accuracy of the agency's burden
estimate; the need for the information; its practical utility; ways to
enhance its quality, utility, and clarity; and ways to minimize burden
on respondents, including the use of automated collection techniques or
other forms of information technology. Mail, email, or fax your
comments and recommendations on the information collection(s) to the
OMB Desk Officer and SSA Reports Clearance Officer at the following
addresses or fax numbers.
(OMB)
Office of Management and Budget, Attn: Desk Officer for SSA, Fax: 202-
395-6974, Email address: OIRA_Submission@omb.eop.gov.
(SSA)
Social Security Administration, DCRDP, Attn: Reports Clearance
Director, 107 Altmeyer Building, 6401 Security Blvd., Baltimore, MD
21235, Fax: 410-966-2830, Email address: OR.Reports.Clearance@ssa.gov.
I. The information collection below is pending at SSA. SSA will
submit it to OMB within 60 days from the date of this notice. To be
sure we consider your comments, we must receive them no later than
October 26, 2012. Individuals can obtain copies of the collection
instrument by writing to the above email address.
State Supplementation Provisions: Agreement; Payments--20 CFR
416.2095-416.2098, 416.2099--0960-0240. Section 1618 of the Social
Security Act (Act) contains pass-along provisions of the Social
Security amendments. These provisions require states that supplement
Federal Supplemental Security Income payments to pass along Federal
cost-of-living increases to individuals who are eligible for state
supplemental payments. If a state fails to keep payments at the
required level, it becomes ineligible for Medicaid reimbursement under
title XIX of the
[[Page 51841]]
Act. SSA uses the information to determine a state's eligibility for
Medicaid reimbursement. Respondents are state agencies administering
supplemental programs.
Type of Request: Extension of an OMB-approved information
collection.
----------------------------------------------------------------------------------------------------------------
Average burden Estimated
Modality of completion Number of Frequency of per response total annual
respondents response (minutes) burden (hours)
----------------------------------------------------------------------------------------------------------------
Total Expenditures.............................. 7 4 60 28
Maintenance of Payment Levels................... 24 1 60 24
---------------------------------------------------------------
Total....................................... 31 .............. .............. 52
----------------------------------------------------------------------------------------------------------------
II. SSA submitted the information collections below to OMB for
clearance. Your comments regarding the information collections would be
most useful if OMB and SSA receive them 30 days from the date of this
publication. To be sure we consider your comments, we must receive them
no later than September 26, 2012. Individuals can obtain copies of the
OMB clearance packages by writing to OPLM.RCO@ssa.gov.
1. Request for Internet Services--Authentication; Automated
Telephone Speech Technology--Knowledge-Based Authentication (RISA)--20
CFR 401.45--0960-0596. RISA, one of SSA's authentication methods,
allows individuals to access their personal information through our
Internet and Automated Telephone Services. SSA asks individuals and
third parties who seek personal information from SSA records, or who
register to participate in SSA's online business services, to provide
certain identifying information. As an extra measure of protection, SSA
asks requestors who use the Internet and telephone services to provide
additional identifying information unique to those services so SSA can
authenticate their identities before releasing personal information.
The respondents are current beneficiaries who are requesting personal
information from SSA, and individuals and third parties who are
registering for SSA's online business services.
Type of Request: Revision of an OMB-approved information
collection.
----------------------------------------------------------------------------------------------------------------
Average burden Estimated
Modality of completion Number of Frequency of per response total annual
respondents response (minutes) burden (hours)
----------------------------------------------------------------------------------------------------------------
Internet Requestors............................. 7,929,336 1 2.5 330,389
Telephone Requestors............................ 8,123,835 1 4.5 609,288
*Screen Splash (on hold)........................ 1 .............. .............. 1
---------------------------------------------------------------
Totals...................................... 16,053,172 .............. .............. 939,678
----------------------------------------------------------------------------------------------------------------
* We are reducing the burden to a one-hour placeholder burden, because we are placing the Screen Splash
application on hold.
2. Application for Special Benefits for World War II Veterans--20
CFR 408, Subparts B, C and D--0960-0615. Title VIII of the Act (Special
Benefits for Certain World War II Veterans) allows qualified World War
II veterans residing outside the United States to receive monthly
payments. These regulations establish the requirements individuals need
to qualify for and become entitled to Special Veterans Benefits (SVB).
SSA uses Form SSA-2000-F6 to elicit the information we need to
determine entitlement to SVB. This information collection request
comprises the relevant regulations and Form SSA-2006-F6. The
respondents are individuals applying for SVB under title VIII of the
Act.
Type of Request: Revision of an OMB-approved information
collection.
----------------------------------------------------------------------------------------------------------------
Average burden Estimated
Modality of completion Number of Frequency of per response total annual
respondents response (minutes) burden (hours)
----------------------------------------------------------------------------------------------------------------
Sec. 408.202(d); Sec. 408.210; Sec. 100 1 20 33
408.230(a); Sec. 408.305; Sec. Sec.
408.310-.315 (SSA-2000-F6).....................
Sec. 408.420(a), (b).......................... 71 1 15 18
Sec. Sec. 408.430 & .432..................... 66 1 30 33
Sec. 408.435(a), (b), (c)..................... 71 1 15 18
---------------------------------------------------------------
Totals...................................... 308 .............. .............. 102
----------------------------------------------------------------------------------------------------------------
[[Page 51842]]
Dated: August 22, 2012.
Faye Lipsky,
Reports Clearance Director, Social Security Administration.
[FR Doc. 2012-20972 Filed 8-24-12; 8:45 am]
BILLING CODE 4191-02-P
