Extension of the Workers' Compensation Offset From Age 65 to Full Retirement Age-Achieving a Better Life Experience (ABLE) Act, 41-42 [2015-33036]

Download as PDF Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Proposed Rules accordance with the procedures specified in paragraph (n)(1) of this AD. SOCIAL SECURITY ADMINISTRATION (n) Other FAA AD Provisions 20 CFR Part 404 The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1137; fax 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Fokker B.V. Service’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. [Docket No. SSA–2015–0018] tkelley on DSK3SPTVN1PROD with PROPOSALS (o) Related Information (1) Refer to MCAI EASA Airworthiness Directive 2015–0029, dated February 24, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA– 2015–8137. (2) For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL Hoofddorp, the Netherlands; telephone +31 (0)88–6280–350; fax +31 (0)88–6280–111; email technicalservices@ fokker.com; Internet http:// www.myfokkerfleet.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on December 21, 2015. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2015–32904 Filed 12–31–15; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:40 Dec 31, 2015 Jkt 238001 RIN 0960–AH85 Extension of the Workers’ Compensation Offset From Age 65 to Full Retirement Age—Achieving a Better Life Experience (ABLE) Act Social Security Administration. Notice of Proposed Rulemaking (NPRM). AGENCY: ACTION: We propose to amend our regulations to incorporate changes made by the ABLE Act to section 224(a) of the Social Security Act. The ABLE Act amends section 224(a) by changing the age at which disability insurance benefits (DIB) are no longer subject to reduction (offset) based on receipt of workers’ compensation or public disability benefits (WC/PDB), from age 65 to the day the individual attains full retirement age. This change will make our rules consistent with the provisions of the Act, as amended by the ABLE Act. DATES: To ensure that we consider your comments, we must receive them by no later than February 3, 2016. ADDRESSES: You may submit comments, by any one of three methods—Internet, fax, or mail. Do not submit the same comments multiple times or by more than one method. Regardless of which method you choose, please state that your comments refer to Docket No. SSA–2015–0018 so that we may associate your comments with the correct regulation. Caution: You should be careful to include in your comments only information you wish to make publicly available. We strongly urge you not to include in your comments any personal information, such as Social Security numbers or medical information. 1. Internet: We strongly recommend this method for submitting your comments. Visit the Federal eRulemaking portal at http:// www.regulations.gov. Use the Web page’s Search function to find docket number SSA–2015–0018. Once you submit your comment, the system will issue you a tracking number to confirm your submission. You will not be able to view your comment immediately because we post each comment manually. It may take up to a week for your comment to be viewable. 2. Fax: Fax comments to (410) 966– 2830. 3. Mail: Address your comments to the Office of Regulations and Reports SUMMARY: PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 41 Clearance, Social Security Administration, 3100 West High Rise Building, 6401 Security Boulevard, Baltimore, Maryland 21235–6401. Comments are available for public viewing on the Federal eRulemaking portal at http://www.regulations.gov or in person, during regular business hours, by arranging with the contact person identified below. FOR FURTHER INFORMATION CONTACT: Dean Dwight, Office of Income Security Programs, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 966–7161. 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 propose amending our regulations to incorporate changes made to section 224(a) of the Social Security Act by the ABLE Act 1. The ABLE Act extends the WC/PDB offset to full retirement age (i.e. ‘‘retirement age’’ as defined in section 216(l)(1) of the Social Security Act and ‘‘full retirement age’’ as discussed in 20 CFR 404.409). As a result of the changes made by the ABLE act, we will no longer terminate the WC/ PDB offset at age 65. The provision applies to any individual whose DIB payment is offset for WC/PDB and who attains age 65 on December 19, 2015 or later. Explanation of Changes We propose amending section 404.408 of our rules to reflect the changes mandated by section 201 of the ABLE Act. We also propose to make a conforming change to section 404.401(a)(4) of our rules. We are not making any other changes to our rules. Workers’ Compensation/Public Disability Benefit Before the ABLE Act, WC/PDB offset ended at age 65. Under the ABLE Act, the WC/PDB offset will apply until a beneficiary attains full retirement age. Clarity of This Proposed Rule Executive Order 12866, as supplemented by Executive Order 13563, 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: 1 Public E:\FR\FM\04JAP1.SGM Law 113–295, § 201, 128 Stat. 4010, 4064. 04JAP1 42 Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Proposed Rules • 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 make the rules easier to understand, e.g. grouping and order of sections, use of headings, paragraphing? Regulatory Procedures Executive Order 12866 as supplemented by Executive Order 13563 We 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 supplemented by Executive Order 13563. Therefore, OMB did not review them. Regulatory Flexibility Act We certify that these proposed rules will not have a significant economic impact on a substantial number of small entities because it affects individuals only. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis. PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950–). Subpart E—[Amended] 1. The authority citation for subpart E of part 404 continues to read as follows: ■ Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a–8a); 48 U.S.C. 1801. 2. In § 404.401, revise paragraph (a)(4) to read as follows: ■ § 404.401 Deduction, reduction, and nonpayment of monthly benefits or lumpsum death payments. * * * * * (a) * * * (4) An individual under full retirement age (see § 404.409) is concurrently entitled to disability insurance benefits and to certain public disability benefits (see § 404.408); * * * * * ■ 3. In § 404.408, revise paragraph (a)(2)(ii) to read as follows: § 404.408 Reduction of benefits based on disability on account of receipt of certain other disability benefits provided under Federal, State, or local laws or plans. * * * * * (a) * * * (2) * * * (ii) The individual has not attained full retirement age as defined in 20 CFR 404.409. * * * * * [FR Doc. 2015–33036 Filed 12–31–15; 8:45 am] Paperwork Reduction Act BILLING CODE 4191–02–P These rules do not create any new or affect any existing collections and, therefore, do not require Office of Management and Budget approval under the Paperwork Reduction Act. DEPARTMENT OF HEALTH AND HUMAN SERVICES (Catalog of Federal Domestic Assistance Program No. 96.006, Supplemental Security Income.) 21 CFR Part 172 [Docket No. FDA–2015–F–4317] List of Subjects in 20 CFR Part 404 Center for Science in the Public Interest, Natural Resources Defense Council, Center for Food Safety, Consumers Union, Improving Kids’ Environment, Center for Environmental Health, Environmental Working Group, Environmental Defense Fund, and James Huff; Filing of Food Additive Petition tkelley on DSK3SPTVN1PROD with PROPOSALS Administrative practice and procedure; Blind; Disability benefits; Government employees; Old-age, Survivors and Disability Insurance; Reporting and recordkeeping requirements; Social security. Dated: December 23, 2015. Carolyn W. Colvin, Acting Commissioner of Social Security. AGENCY: For the reasons stated in the preamble, we propose to amend subpart E of Part 404 of title 20 of the Code of Federal Regulations as set forth below: VerDate Sep<11>2014 16:40 Dec 31, 2015 Jkt 238001 Food and Drug Administration Food and Drug Administration, HHS. ACTION: Notice of petition. The Food and Drug Administration (FDA or we) is SUMMARY: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 announcing that we have filed a petition, submitted by the Center for Science in the Public Interest, Natural Resources Defense Council, Center for Food Safety, Consumers Union, Improving Kids’ Environment, Center for Environmental Health, Environmental Working Group, Environmental Defense Fund, and James Huff, proposing that the food additive regulations be amended to no longer authorize the use of seven listed synthetic flavoring food additives and to establish zero tolerances for the additives. The food additive petition was filed on August 17, 2015. Submit either electronic or written comments by March 4, 2016. ADDRESSES: You may submit comments as follows: DATES: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov. • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions Submit written/paper submissions as follows: • Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, E:\FR\FM\04JAP1.SGM 04JAP1

Agencies

[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Proposed Rules]
[Pages 41-42]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33036]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2015-0018]
RIN 0960-AH85


Extension of the Workers' Compensation Offset From Age 65 to Full 
Retirement Age--Achieving a Better Life Experience (ABLE) Act

AGENCY: Social Security Administration.

ACTION: Notice of Proposed Rulemaking (NPRM).

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

SUMMARY: We propose to amend our regulations to incorporate changes 
made by the ABLE Act to section 224(a) of the Social Security Act. The 
ABLE Act amends section 224(a) by changing the age at which disability 
insurance benefits (DIB) are no longer subject to reduction (offset) 
based on receipt of workers' compensation or public disability benefits 
(WC/PDB), from age 65 to the day the individual attains full retirement 
age. This change will make our rules consistent with the provisions of 
the Act, as amended by the ABLE Act.

DATES: To ensure that we consider your comments, we must receive them 
by no later than February 3, 2016.

ADDRESSES: You may submit comments, by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times 
or by more than one method. Regardless of which method you choose, 
please state that your comments refer to Docket No. SSA-2015-0018 so 
that we may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information you wish to make publicly available. We strongly urge you 
not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend this method for submitting your 
comments. Visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Web page's Search function to find docket 
number SSA-2015-0018. Once you submit your comment, the system will 
issue you a tracking number to confirm your submission. You will not be 
able to view your comment immediately because we post each comment 
manually. It may take up to a week for your comment to be viewable.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 3100 West High Rise 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

FOR FURTHER INFORMATION CONTACT: Dean Dwight, Office of Income Security 
Programs, Social Security Administration, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 966-7161. 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 propose amending our regulations to incorporate changes made to 
section 224(a) of the Social Security Act by the ABLE Act \1\. The ABLE 
Act extends the WC/PDB offset to full retirement age (i.e. ``retirement 
age'' as defined in section 216(l)(1) of the Social Security Act and 
``full retirement age'' as discussed in 20 CFR 404.409). As a result of 
the changes made by the ABLE act, we will no longer terminate the WC/
PDB offset at age 65. The provision applies to any individual whose DIB 
payment is offset for WC/PDB and who attains age 65 on December 19, 
2015 or later.
---------------------------------------------------------------------------

    \1\ Public Law 113-295, Sec.  201, 128 Stat. 4010, 4064.
---------------------------------------------------------------------------

Explanation of Changes

    We propose amending section 404.408 of our rules to reflect the 
changes mandated by section 201 of the ABLE Act. We also propose to 
make a conforming change to section 404.401(a)(4) of our rules. We are 
not making any other changes to our rules.

Workers' Compensation/Public Disability Benefit

    Before the ABLE Act, WC/PDB offset ended at age 65. Under the ABLE 
Act, the WC/PDB offset will apply until a beneficiary attains full 
retirement age.

Clarity of This Proposed Rule

    Executive Order 12866, as supplemented by Executive Order 13563, 
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:

[[Page 42]]

     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 make the rules easier to 
understand, e.g. grouping and order of sections, use of headings, 
paragraphing?

Regulatory Procedures

Executive Order 12866 as supplemented by Executive Order 13563

    We 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 
supplemented by Executive Order 13563. Therefore, OMB did not review 
them.

Regulatory Flexibility Act

    We certify that these proposed rules will not have a significant 
economic impact on a substantial number of small entities because it 
affects individuals only. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Paperwork Reduction Act

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

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

List of Subjects in 20 CFR Part 404

    Administrative practice and procedure; Blind; Disability benefits; 
Government employees; Old-age, Survivors and Disability Insurance; 
Reporting and recordkeeping requirements; Social security.

    Dated: December 23, 2015.
Carolyn W. Colvin,
Acting Commissioner of Social Security.

    For the reasons stated in the preamble, we propose to amend subpart 
E of Part 404 of title 20 of the Code of Federal Regulations as set 
forth below:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950-).

Subpart E--[Amended]

0
1. The authority citation for subpart E of part 404 continues to read 
as follows:

    Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c), 
216(l), 222(c), 223(e), 224, 225, 702(a)(5), and 1129A of the Social 
Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c), 
416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a); 48 
U.S.C. 1801.

0
2. In Sec.  404.401, revise paragraph (a)(4) to read as follows:


Sec.  404.401  Deduction, reduction, and nonpayment of monthly benefits 
or lump-sum death payments.

* * * * *
    (a) * * *
    (4) An individual under full retirement age (see Sec.  404.409) is 
concurrently entitled to disability insurance benefits and to certain 
public disability benefits (see Sec.  404.408);
* * * * *
0
3. In Sec.  404.408, revise paragraph (a)(2)(ii) to read as follows:


Sec.  404.408  Reduction of benefits based on disability on account of 
receipt of certain other disability benefits provided under Federal, 
State, or local laws or plans.

* * * * *
    (a) * * *
    (2) * * *
    (ii) The individual has not attained full retirement age as defined 
in 20 CFR 404.409.
* * * * *
[FR Doc. 2015-33036 Filed 12-31-15; 8:45 am]
BILLING CODE 4191-02-P