Rescission of Social Security Ruling 05-02; Titles II and XVI: Determination of Substantial Gainful Activity if Substantial Work Activity Is Discontinued or Reduced-Unsuccessful Work Attempt, 22308 [2018-10249]

Download as PDF 22308 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES requires approximately one hour to complete. Thus each potential respondent would incur on average one burden hour in complying with the Rule. The Commission staff estimates that there could be as many as 18 responses annually for an aggregate burden for all respondents of 18 hours. Each respondent’s related internal cost of compliance for Rule 12f–3 would be $221.00, or, the cost of one hour of professional work of a paralegal needed to complete the application. The total annual cost of compliance for all potential respondents, therefore, is $3,978.00 (18 responses × $221.00/ response). Compliance with the application requirements of Rule 12f–3 is mandatory, though the filing of such applications is undertaken voluntarily. Rule 12f–3 does not have a record retention requirement per se. However, responses made pursuant to Rule 12f–3 are subject to the recordkeeping requirements of Rules 17a–3 and 17a–4 of the Act. Information received in response to Rule 12f–3 shall not be kept confidential; the information collected is public information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information under the PRA unless it displays a currently valid OMB control number. The public may view background documentation for this information collection at the following website: www.reginfo.gov. Comments should be directed to: (i) Desk Officer for the Securities and Exchange Commission, Office of Information and Regulatory Affairs, Office of Management and Budget, Room 10102, New Executive Office Building, Washington, DC 20503, or by sending an email to: Shagufta_ Ahmed@omb.eop.gov; and (ii) Pamela Dyson, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street NE, Washington, DC 20549 or send an email to: PRA_Mailbox@ sec.gov. Comments must be submitted to OMB within 30 days of this notice. Dated: May 8, 2018. Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018–10147 Filed 5–11–18; 8:45 am] BILLING CODE 8011–01–P VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2014–0016] Rescission of Social Security Ruling 05–02; Titles II and XVI: Determination of Substantial Gainful Activity if Substantial Work Activity Is Discontinued or Reduced— Unsuccessful Work Attempt Social Security Administration. Notice of rescission of Social Security Ruling 05–02. AGENCY: ACTION: The Office of the Commissioner gives notice of the rescission of Social Security Ruling (SSR) 05–02. DATES: This rescission is effective May 14, 2018. FOR FURTHER INFORMATION CONTACT: Kristine Erwin-Tribbitt, Office of Retirement and Disability Policy, Office of Research, Demonstration, and Employment Support, Social Security Administration, 6401 Security Boulevard, Robert Ball Building 3–A– 26, Baltimore, MD 21235–6401, (410) 965–3353. 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: Through SSRs, we make available to the public precedential decisions relating to the Federal old-age, survivors, disability, supplemental security income, and special veterans benefits programs. We may base SSRs on determinations or decisions made at all levels of administrative adjudication, Federal court decisions, Commissioner’s decisions, opinions of the Office of General Counsel, or other interpretations of the law and regulations. On February 28, 2005, we published SSR 05–02, which provides guidance about determining whether substantial work activity that is discontinued or reduced below a specified level may be considered an unsuccessful work attempt (UWA) under the disability provisions of the law. SSR 05–02 explains the policies and procedures for evaluating a work effort of 3 months or less and work efforts between 3 and 6 months. On October 17, 2016, we published final rules, Unsuccessful Work Attempts and Expedited Reinstatement Eligibility, in the Federal Register at 81 FR 71367. These rules, among other things, removed some of the requirements for evaluation of an UWA that lasts between 3 and 6 months. Specifically, SUMMARY: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 the rules removed the additional conditions that we used when we evaluated a work attempt in employment or self-employment that lasted between 3 and 6 months and provided that we now use one standard for work attempts lasting 6 months or less. Due to these final rules and the resulting simplification of our policies, SSR 05–02 is no longer correct. The final rules at 20 CFR 404.1574(c), 404.1575(d), 416.974(c), 416.975(d) (unsuccessful work attempts) were effective November 16, 2016. Consequently, we are rescinding SSR 05–02 as obsolete. Notice of this rescission is published in accordance with 20 CFR 402.35(b)(1). (Catalog of Federal Domestic Assistance Programs Nos. 96.001, Social Security— Disability Insurance; 96.002, Social Security—Retirement Insurance; 96.004, Social Security—Survivors Insurance; 96.006—Supplemental Security Income) Nancy Berryhill, Acting Commissioner of Social Security. [FR Doc. 2018–10249 Filed 5–11–18; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2018–48] Petition for Exemption; Summary of Petition Received; The Boeing Company Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number and must be received on or before June 4, 2018. ADDRESSES: Send comments identified by docket number FAA–2017–0613 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. SUMMARY: E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Page 22308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10249]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2014-0016]


Rescission of Social Security Ruling 05-02; Titles II and XVI: 
Determination of Substantial Gainful Activity if Substantial Work 
Activity Is Discontinued or Reduced--Unsuccessful Work Attempt

AGENCY: Social Security Administration.

ACTION: Notice of rescission of Social Security Ruling 05-02.

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

SUMMARY: The Office of the Commissioner gives notice of the rescission 
of Social Security Ruling (SSR) 05-02.

DATES: This rescission is effective May 14, 2018.

FOR FURTHER INFORMATION CONTACT: Kristine Erwin-Tribbitt, Office of 
Retirement and Disability Policy, Office of Research, Demonstration, 
and Employment Support, Social Security Administration, 6401 Security 
Boulevard, Robert Ball Building 3-A-26, Baltimore, MD 21235-6401, (410) 
965-3353. 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: Through SSRs, we make available to the 
public precedential decisions relating to the Federal old-age, 
survivors, disability, supplemental security income, and special 
veterans benefits programs. We may base SSRs on determinations or 
decisions made at all levels of administrative adjudication, Federal 
court decisions, Commissioner's decisions, opinions of the Office of 
General Counsel, or other interpretations of the law and regulations.
    On February 28, 2005, we published SSR 05-02, which provides 
guidance about determining whether substantial work activity that is 
discontinued or reduced below a specified level may be considered an 
unsuccessful work attempt (UWA) under the disability provisions of the 
law. SSR 05-02 explains the policies and procedures for evaluating a 
work effort of 3 months or less and work efforts between 3 and 6 
months.
    On October 17, 2016, we published final rules, Unsuccessful Work 
Attempts and Expedited Reinstatement Eligibility, in the Federal 
Register at 81 FR 71367. These rules, among other things, removed some 
of the requirements for evaluation of an UWA that lasts between 3 and 6 
months. Specifically, the rules removed the additional conditions that 
we used when we evaluated a work attempt in employment or self-
employment that lasted between 3 and 6 months and provided that we now 
use one standard for work attempts lasting 6 months or less.
    Due to these final rules and the resulting simplification of our 
policies, SSR 05-02 is no longer correct. The final rules at 20 CFR 
404.1574(c), 404.1575(d), 416.974(c), 416.975(d) (unsuccessful work 
attempts) were effective November 16, 2016. Consequently, we are 
rescinding SSR 05-02 as obsolete. Notice of this rescission is 
published in accordance with 20 CFR 402.35(b)(1).

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

Nancy Berryhill,
Acting Commissioner of Social Security.
[FR Doc. 2018-10249 Filed 5-11-18; 8:45 am]
BILLING CODE 4191-02-P
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