Electronic Substitutions for SSA-538, 36203-36204 [2014-14914]

Download as PDF 36203 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations Country License requirement Entity Xinshidai Plaza, Plaza No. Huayuan Rd., Beijing, China. Federal Register citation License review policy 7 * * * HWA Create, 5/F, Xinshidai Building/New Era Mansion, 7 Huayuan Rd., Beijing, China; and No. B3 Huayuan Rd., Beijing, China (See alternate addresses under Hong Kong). * * For all items subject to the EAR. (See § 744.11 of the EAR). * Presumption of denial. * 79 FR [INSERT FR PAGE NUMBER 6– 26–14]. * * * Panda International Information Technology Company, Ltd., 7/F, B Tower, Yingwu Conference Center, No. 6. Huayuan Road, Haidian District, Beijing, China; and Rm 606 Block B, Beijing Agricultural Science Building, Shugang Garden Haidian Middle Rd, Beijing, China. Poly Technologies Inc., 11F Poly Plaza, 14 Dongzhimen Nandajie, Beijing China; and 27 Wanshoulu, Haidian district, Beijing, China. * * For all items subject to the EAR. (See § 744.11 of the EAR). * Presumption of denial. * 79 FR [INSERT FR PAGE NUMBER 6– 26–14]. For all items subject to the EAR. (See § 744.11 of the EAR). Presumption of denial. 79 FR [INSERT FR PAGE NUMBER 6– 26–14]. * HONG KONG * * * * * HWA Create, Unit 1001—1002, 10F, Chinachem Building, 34–37 Connaught Rd., Hong Kong; and Unit A 5th Floor, Cheong Commercial Building, 19–25 Jervois St, Hong Kong; and Unit B, 6/F, Dah Sing Life Building, 99—1–5 Des Voeux Rd, Hong Kong (See alternate addresses under China). * * [FR Doc. 2014–14935 Filed 6–25–14; 8:45 am] BILLING CODE 3510–33–P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 416 [Docket No. SSA–2009–0027] RIN 0960–AH02 Electronic Substitutions for SSA–538 Social Security Administration. Final rules. pmangrum on DSK3VPTVN1PROD with RULES AGENCY: This final rule adopts, without change, the final rule with request for comments we published in the Federal Register (76 FR 41685) on July 15, 2011. We are revising our regulations to reflect our use of SUMMARY: VerDate Mar<15>2010 14:44 Jun 25, 2014 Jkt 232001 * * * For all items subject to the EAR. (See § 744.11 of the EAR). * Dated: June 20, 2014. Kevin J. Wolf, Assistant Secretary for Export Administration. ACTION: * * Frm 00021 Fmt 4700 * Presumption of denial. * electronic case processing at the initial and reconsideration levels of our administrative review process. We are not changing the requirement that State agency medical and psychological consultants must affirm the accuracy and completeness of their findings of fact and discussion of the supporting evidence, only the manner in which they may provide the required findings and affirmation. This revision will improve our efficiency by increasing our use of electronic resources. DATES: These final rules are effective June 26, 2014. FOR FURTHER INFORMATION CONTACT: Cheryl Williams, Office of Medical Listings Improvement, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235– 6401, (410) 965–1020. 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 PO 00000 * Sfmt 4700 * * 79 FR [INSERT FR PAGE NUMBER 6– 26–14]. * * Online, at http:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Background We are making final the rules for using electronic substitutions for the Childhood Disability Evaluation Form (SSA–538) we published as a final rule with request for comments in the Federal Register on July 15, 2011. We previously required adjudicators at the initial and reconsideration levels to complete Form SSA–538 in all cases of children alleging disability or continuing disability under title XVI of the Social Security Act. We now provide a Web-based tool that assists our adjudicators in making disability determinations at the initial and reconsideration levels. We use the new tool in electronic cases but do not use it for cases that we do not process electronically. The final rule permits our adjudicators to substitute the Web- E:\FR\FM\26JNR1.SGM 26JNR1 36204 Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations based tool for Form SSA–538. If adjudicators do not use the Web-based tool, we still require them to complete Form SSA–538 to explain our findings in childhood disability determinations. Public Comments On July 15, 2011, we published a final rule with request for comments in the Federal Register at 76 FR 41685 and provided a 60-day public comment period. We received one comment. We carefully considered the concerns expressed in this comment, but did not make any changes to the final rule. We have summarized the commenter’s view and have responded to the significant issue raised by the commenter. Comment: The commenter was concerned with the consistency between claims that are filed on paper and those filed electronically, and suggested that Form SSA–538 be available for electronic claims to ensure that all children’s claims receive the same considerations. Response: We did not adopt this comment. While we believe that consistency in adjudication is important, we do not agree that Form SSA–538 should be available on the Web-based tool that adjudicators currently use in evaluating childhood disability claims. As we noted in the preamble to our July 2011 final rule with request for comments (76 FR 41686), although the Web-based tool does not include an exact copy of Form SSA–538, the tool does include all of the major elements of the form for explaining our findings in these claims. That is, the consultant with overall responsibility must affirm that he or she considered the factors and evidence, as we require, in determining whether a child’s impairment(s) is severe, meets or medically equals a listing, or functionally equals the listings. Regulatory Procedures pmangrum on DSK3VPTVN1PROD with RULES Executive Order 12866, as Supplemented by Executive Order 13563 Regulatory Flexibility Act We certify that these rules would not have a significant economic impact on a substantial number of small entities because they affect individuals only. 14:44 Jun 25, 2014 Jkt 232001 Paperwork Reduction Act These rules do not create any new or affect any existing collections and, therefore, do not require OMB approval under the Paperwork Reduction Act. (Catalog of Federal Domestic Program No. 96.006, Supplemental Security Income) List of Subjects in 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 19, 2014. Carolyn W. Colvin, Acting Commissioner of Social Security. Accordingly, the final rule with request for comments amending 20 CFR chapter III, part 416, subpart I that was published at 76 FR 41685 on July 15, 2011, is adopted as a final rule without change. [FR Doc. 2014–14914 Filed 6–25–14; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1, 31, and 301 [TD 9670] RINs 1545–BJ06; 1545–BK38 Disregarded Entities; Religious and Family Member FICA and FUTA Exceptions; Indoor Tanning Services Excise Tax Internal Revenue Service (IRS), Treasury. ACTION: Final regulations and removal of temporary regulations. AGENCY: This document contains final regulations relating to disregarded entities (including qualified subchapter S subsidiaries) and the indoor tanning services excise tax. These final regulations affect disregarded entities responsible for collecting the indoor tanning services excise tax and owners of those disregarded entities. The final regulations also relate to disregarded entities and certain exceptions from taxes under the Federal Insurance Contributions Act and the Federal Unemployment Tax Act, as well as backup withholding rules and related information reporting requirements. These final regulations affect individual SUMMARY: We consulted with the Office of Management and Budget (OMB) and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. Therefore, OMB did not reviewed it. VerDate Mar<15>2010 Therefore, a regulatory flexibility analysis is not required under the Regulatory Flexibility Act, as amended. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 owners of disregarded entities. These regulations also affect the owners of disregarded entities subject to backup withholding rules. DATES: Effective Date: These regulations are effective on June 26, 2014. Applicability Dates: For dates of applicability, see §§ 1.1361–4(a)(8)(ii), 31.3121(b)(3)–1(e), 31.3127–1(c), 31.3306(c)(5)–1(e), 301.7701–2(e)(5), and 301.7701–2(e)(6)(iv). FOR FURTHER INFORMATION CONTACT: Regarding excise tax-related provisions, Michael H. Beker (202) 317–6855; regarding employment tax-related provisions, Andrew Holubeck (202) 317–4770 (not toll free calls). SUPPLEMENTARY INFORMATION: Background This document contains final regulations amending the Income Tax Regulations (26 CFR part 1) under section 1361 of the Internal Revenue Code (Code), the Employment Tax Regulations (26 CFR part 31) under sections 3121, 3127, and 3306 of the Code, and the Procedure and Administration Regulations (26 CFR part 301) under section 7701 of the Code. Indoor Tanning Services Excise TaxRelated Regulations On June 25, 2012, final and temporary regulations (TD 9596) were published in the Federal Register (77 FR 37806). The regulations treat disregarded entities (including qualified subchapter S subsidiaries) as separate entities for purposes of the indoor tanning services excise tax imposed by section 5000B. Also on June 25, 2012, a notice of proposed rulemaking (REG–125570–11) was published by cross-reference to the temporary regulations in the Federal Register (77 FR 37838). The preamble to TD 9596 includes background information and an explanation of provisions regarding the regulations. Employment Tax-Related Regulations On November 1, 2011, final and temporary regulations (TD 9554) were published in the Federal Register (76 FR 67363). The regulations extend the exceptions or exemptions from taxes under the Federal Insurance Contributions Act and the Federal Unemployment Tax Act under sections 3121(b)(3) (concerning individuals who work for certain family members), 3127 (concerning members of religious faiths), and 3306(c)(5) (concerning persons employed by children and spouses and children under 21 employed by their parents) to services performed in the employ of certain E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Rules and Regulations]
[Pages 36203-36204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14914]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

[Docket No. SSA-2009-0027]
RIN 0960-AH02


Electronic Substitutions for SSA-538

AGENCY: Social Security Administration.

ACTION: Final rules.

-----------------------------------------------------------------------

SUMMARY: This final rule adopts, without change, the final rule with 
request for comments we published in the Federal Register (76 FR 41685) 
on July 15, 2011. We are revising our regulations to reflect our use of 
electronic case processing at the initial and reconsideration levels of 
our administrative review process. We are not changing the requirement 
that State agency medical and psychological consultants must affirm the 
accuracy and completeness of their findings of fact and discussion of 
the supporting evidence, only the manner in which they may provide the 
required findings and affirmation. This revision will improve our 
efficiency by increasing our use of electronic resources.

DATES: These final rules are effective June 26, 2014.

FOR FURTHER INFORMATION CONTACT: Cheryl Williams, Office of Medical 
Listings Improvement, Social Security Administration, 6401 Security 
Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1020. 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:

Background

    We are making final the rules for using electronic substitutions 
for the Childhood Disability Evaluation Form (SSA-538) we published as 
a final rule with request for comments in the Federal Register on July 
15, 2011. We previously required adjudicators at the initial and 
reconsideration levels to complete Form SSA-538 in all cases of 
children alleging disability or continuing disability under title XVI 
of the Social Security Act. We now provide a Web-based tool that 
assists our adjudicators in making disability determinations at the 
initial and reconsideration levels. We use the new tool in electronic 
cases but do not use it for cases that we do not process 
electronically. The final rule permits our adjudicators to substitute 
the Web-

[[Page 36204]]

based tool for Form SSA-538. If adjudicators do not use the Web-based 
tool, we still require them to complete Form SSA-538 to explain our 
findings in childhood disability determinations.

Public Comments

    On July 15, 2011, we published a final rule with request for 
comments in the Federal Register at 76 FR 41685 and provided a 60-day 
public comment period. We received one comment. We carefully considered 
the concerns expressed in this comment, but did not make any changes to 
the final rule.
    We have summarized the commenter's view and have responded to the 
significant issue raised by the commenter.
    Comment: The commenter was concerned with the consistency between 
claims that are filed on paper and those filed electronically, and 
suggested that Form SSA-538 be available for electronic claims to 
ensure that all children's claims receive the same considerations.
    Response: We did not adopt this comment. While we believe that 
consistency in adjudication is important, we do not agree that Form 
SSA-538 should be available on the Web-based tool that adjudicators 
currently use in evaluating childhood disability claims. As we noted in 
the preamble to our July 2011 final rule with request for comments (76 
FR 41686), although the Web-based tool does not include an exact copy 
of Form SSA-538, the tool does include all of the major elements of the 
form for explaining our findings in these claims. That is, the 
consultant with overall responsibility must affirm that he or she 
considered the factors and evidence, as we require, in determining 
whether a child's impairment(s) is severe, meets or medically equals a 
listing, or functionally equals the listings.

Regulatory Procedures

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB did not reviewed 
it.

Regulatory Flexibility Act

    We certify that these rules would not have a significant economic 
impact on a substantial number of small entities because they affect 
individuals only. Therefore, a regulatory flexibility analysis is not 
required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act

    These rules do not create any new or affect any existing 
collections and, therefore, do not require OMB approval under the 
Paperwork Reduction Act.

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

List of Subjects in 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 19, 2014.
Carolyn W. Colvin,
Acting Commissioner of Social Security.

    Accordingly, the final rule with request for comments amending 20 
CFR chapter III, part 416, subpart I that was published at 76 FR 41685 
on July 15, 2011, is adopted as a final rule without change.

[FR Doc. 2014-14914 Filed 6-25-14; 8:45 am]
BILLING CODE 4191-02-P