Rescission of Social Security Acquiescence Ruling 12-1(8), 57246-57247 [2022-20185]

Download as PDF 57246 Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices of the Act 12 and Rule 19b–4(f)(6) thereunder.13 A proposed rule change filed pursuant to Rule 19b–4(f)(6) under the Act normally does not become operative for 30 days after the date of its filing. However, Rule 19b–4(f)(6)(iii) 14 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has requested that the Commission waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission notes that the Exchange represents that the delayed spot price of gold is widely available, including from public websites, and through professional and subscription services, and investors may obtain on a 24-hour basis gold pricing information based on the spot price for an ounce of gold from various financial information service providers. The Exchange further represents that the delayed spot price of gold available to investors directly from the LBMA’s website would be the same as that currently available on the Trust’s website and would be equally free of charge. Thus, the Commission believes that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest because the proposed rule change does not raise any new or novel issues. Accordingly, the Commission hereby waives the 30-day operative delay and designates the proposed rule change operative upon filing.15 At any time within 60 days of the filing of such 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. 12 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its 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. 14 17 CFR 240.19b–4(f)(6)(iii). 15 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). lotter on DSK11XQN23PROD with NOTICES1 13 17 VerDate Sep<11>2014 17:37 Sep 16, 2022 Jkt 256001 Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission’s internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an email to rule-comments@ sec.gov. Please include File Number SR– NYSEARCA–2022–58 on the subject line. Paper Comments • Send paper comments in triplicate to: Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. All submissions should refer to File Number SR–NYSEARCA–2022–58. 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 website (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 website 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 the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR– NYSEARCA–2022–58 and should be submitted on or before October 11, 2022. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.16 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2022–20143 Filed 9–16–22; 8:45 am] BILLING CODE 8011–01–P 16 17 PO 00000 CFR 200.30–3(a)(12), (59). Frm 00079 Fmt 4703 Sfmt 4703 SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2022–0006] Rescission of Social Security Acquiescence Ruling 12–1(8) Social Security Administration. Notice of Rescission of Social Security Acquiescence Ruling 12–1(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. AGENCY: ACTION: In accordance with 20 CFR 402.35(b)(2) and 404.985(e)(1), the Commissioner of Social Security gives notice of the rescission of Social Security Acquiescence Ruling (AR) 12– 1(8). DATES: We will apply this rescission notice on September 19, 2022. FOR FURTHER INFORMATION CONTACT: Stacey W. Harris, Office of the General Counsel, Office of Program Law, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965–9180, 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. SUPPLEMENTARY INFORMATION: 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 the case or is unsuccessful on further review. As provided by 20 CFR 404.985(e)(1), we will rescind an AR as obsolete and apply our interpretation of the Act or regulations if the Supreme Court overrules or limits a circuit court holding that was the basis of an AR. On August 27, 2012, we issued AR 12–1(8) to reflect the holding of the United States Court of Appeals for the Eighth Circuit in Petersen v. Astrue, 633 F.3d 633 (8th Cir. 2011).1 The Eighth Circuit held that the Civil Service Retirement System (CSRS) payments to dual-status National Guard technicians are based wholly on work ‘‘as a member of’’ a uniformed service pursuant to 42 U.S.C. 415(a)(7)(A)(III) and therefore qualify for the uniformed services exception to the windfall elimination SUMMARY: 1 77 FR 51842, corrected at 77 FR 54646 (September 5, 2012). E:\FR\FM\19SEN1.SGM 19SEN1 Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Notices provision (WEP) of the Act. The Eighth Circuit rejected our interpretation of 42 U.S.C. 415(a)(7)(A)(III) that monthly payments based on noncovered civilian employment, including the CSRS payments to dual-status National Guard technicians, are subject to the WEP. On January 13, 2022, in Babcock v. Kijakazi, 142 S. Ct. 641 (2022), the Supreme Court upheld our interpretation of 42 U.S.C. 415(a)(7)(A)(III) that the CSRS payments to dual-status National Guard technicians do not qualify for the uniformed services exception to the WEP because they are not based wholly on the technicians’ service as a members of a uniformed service. The Supreme Court explained that even though dualstatus technicians must maintain National Guard membership and wear military uniforms, their technician work is not performed ‘‘as’’—in the role, capacity, or function of—a member of the National Guard. ‘‘[T]he role, capacity, or function in which a technician serves is that of a civilian, not a member of the National Guard.’’ 142 S. Ct. at 645. In addition, the Court explained, Congress explicitly classified the dual-status technicians as civilian employees of the Federal government. Id. at 646. Because, in Babcock, the Supreme Court rejected the holding in Petersen by upholding our policy of applying the WEP to the CSRS payments of dualstatus National Guard technicians, we are rescinding AR 12–1(8) in accordance with 20 CFR 404.985(e)(1). (Catalog of Federal Domestic Assistance Program Nos. 96.002, Social Security– Retirement Insurance; and 96.004, Social Security–Survivors Insurance) The Acting Commissioner of Social Security, Kilolo Kijakazi, Ph.D., M.S.W., having reviewed and approved this document, is delegating the authority to electronically sign this document to William P. Gibson, Federal Register Liaison for SSA, for purposes of publication in the Federal Register. William P. Gibson, Federal Register Liaison, Office of Legislation and Congressional Affairs, Social Security Administration. lotter on DSK11XQN23PROD with NOTICES1 [FR Doc. 2022–20185 Filed 9–16–22; 8:45 am] BILLING CODE 4191–02–P VerDate Sep<11>2014 17:37 Sep 16, 2022 Jkt 256001 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Fiscal Year 2023 Tariff-Rate Quota Allocations for Refined and Specialty Sugar Office of the United States Trade Representative. ACTION: Notice. AGENCY: The Office of the United States Trade Representative is providing notice of allocations of the Fiscal Year (FY) 2023 (October 1, 2022 through September 30, 2023) in-quota quantity of the tariff-rate quota (TRQ) for imports of certain sugars, syrups and molasses (also known as refined sugar), including specialty sugar. DATES: The changes made by this notice are applicable as of September 19, 2022. FOR FURTHER INFORMATION CONTACT: Erin Nicholson, Office of Agricultural Affairs, at 202–395–9419, or Erin.H.Nicholson@ustr.eop.gov. SUPPLEMENTARY INFORMATION: Pursuant to Additional U.S. Note 5 to chapter 17 of the Harmonized Tariff Schedule of the United States (HTSUS), the United States maintains TRQs for imports of raw cane sugar and refined sugar. Pursuant to Additional U.S. Note 8 to chapter 17 of the HTSUS, the United States maintains a TRQ for imports of sugar-containing products. Section 404(d)(3) of the Uruguay Round Agreements Act (19 U.S.C. 3601(d)(3)) authorizes the President to allocate the in-quota quantity of a TRQ for any agricultural product among supplying countries or customs areas. The President delegated this authority to the U.S. Trade Representative under Presidential Proclamations 6763 (60 FR 1007) and 7235 (64 FR 55611). On September 15, 2022, the U.S. Department of Agriculture (USDA) announced the establishment of the inquota quantity of the FY2023 refined sugar TRQ at 222,000 metric tons raw value (MTRV) for which the sucrose content, by weight in the dry state, must have a polarimeter reading of 99.5 degrees or more. This amount includes the minimum level to which the United States is committed under the WTO Agreement (22,000 MTRV of which 1,656 MTRV is reserved for specialty sugar) and an additional 200,000 MTRV for specialty sugar. The U.S. Trade Representative is allocating the refined sugar TRQ as follows: 10,300 MTRV of refined sugar to Canada, 2,954 MTRV to Mexico, and 7,090 MTRV to be administered on a first-come, firstserved basis. Imports of all specialty sugar will be administered on a firstcome, first-served basis in five tranches. SUMMARY: PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 57247 USDA has announced that the total inquota quantity of specialty sugar will be the 1,656 MTRV included in the WTO minimum plus an additional 200,000 MTRV. The first tranche of 1,656 MTRV will open October 3, 2022. All types of specialty sugar are eligible for entry under this tranche. The second tranche of 60,000 MTRV will open on October 10, 2022. The third tranche of 60,000 MTRV will open on January 20, 2023. The fourth tranche of 40,000 MTRV will open on April 14, 2023. The fifth tranche of 40,000 MTRV will open on July 14, 2023. The second, third, fourth, and fifth tranches will be reserved for organic sugar and other specialty sugar not currently produced commercially in the United States or reasonably available from domestic sources. Refined and specialty sugar for the FY2023 TRQ may enter the United States as of October 3, 2022. Greta Peisch, General Counsel, Office of the United States Trade Representative. [FR Doc. 2022–20168 Filed 9–16–22; 8:45 am] BILLING CODE 3290–F2–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA–2022–0222] Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: Survey of Airman Satisfaction With Aeromedical Certification Services Federal Aviation Administration (FAA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection involves soliciting feedback from airmen on service quality of Aeromedical Certification Services. The information to be collected will be used to inform improvements in Aeromedical Certification Services. DATES: Written comments should be submitted by October 19, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular SUMMARY: E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

Social Security Administration

[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Notices]
[Pages 57246-57247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20185]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2022-0006]


Rescission of Social Security Acquiescence Ruling 12-1(8)

AGENCY: Social Security Administration.

ACTION: Notice of Rescission of Social Security Acquiescence Ruling 12-
1(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.

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SUMMARY: In accordance with 20 CFR 402.35(b)(2) and 404.985(e)(1), the 
Commissioner of Social Security gives notice of the rescission of 
Social Security Acquiescence Ruling (AR) 12-1(8).

DATES: We will apply this rescission notice on September 19, 2022.

FOR FURTHER INFORMATION CONTACT: Stacey W. Harris, Office of the 
General Counsel, Office of Program Law, Social Security Administration, 
6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-9180, 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.

SUPPLEMENTARY INFORMATION: 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 the case or is unsuccessful on further review. 
As provided by 20 CFR 404.985(e)(1), we will rescind an AR as obsolete 
and apply our interpretation of the Act or regulations if the Supreme 
Court overrules or limits a circuit court holding that was the basis of 
an AR.
    On August 27, 2012, we issued AR 12-1(8) to reflect the holding of 
the United States Court of Appeals for the Eighth Circuit in Petersen 
v. Astrue, 633 F.3d 633 (8th Cir. 2011).\1\ The Eighth Circuit held 
that the Civil Service Retirement System (CSRS) payments to dual-status 
National Guard technicians are based wholly on work ``as a member of'' 
a uniformed service pursuant to 42 U.S.C. 415(a)(7)(A)(III) and 
therefore qualify for the uniformed services exception to the windfall 
elimination

[[Page 57247]]

provision (WEP) of the Act. The Eighth Circuit rejected our 
interpretation of 42 U.S.C. 415(a)(7)(A)(III) that monthly payments 
based on noncovered civilian employment, including the CSRS payments to 
dual-status National Guard technicians, are subject to the WEP.
---------------------------------------------------------------------------

    \1\ 77 FR 51842, corrected at 77 FR 54646 (September 5, 2012).
---------------------------------------------------------------------------

    On January 13, 2022, in Babcock v. Kijakazi, 142 S. Ct. 641 (2022), 
the Supreme Court upheld our interpretation of 42 U.S.C. 
415(a)(7)(A)(III) that the CSRS payments to dual-status National Guard 
technicians do not qualify for the uniformed services exception to the 
WEP because they are not based wholly on the technicians' service as a 
members of a uniformed service. The Supreme Court explained that even 
though dual-status technicians must maintain National Guard membership 
and wear military uniforms, their technician work is not performed 
``as''--in the role, capacity, or function of--a member of the National 
Guard. ``[T]he role, capacity, or function in which a technician serves 
is that of a civilian, not a member of the National Guard.'' 142 S. Ct. 
at 645. In addition, the Court explained, Congress explicitly 
classified the dual-status technicians as civilian employees of the 
Federal government. Id. at 646.
    Because, in Babcock, the Supreme Court rejected the holding in 
Petersen by upholding our policy of applying the WEP to the CSRS 
payments of dual-status National Guard technicians, we are rescinding 
AR 12-1(8) in accordance with 20 CFR 404.985(e)(1).

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

    The Acting Commissioner of Social Security, Kilolo Kijakazi, Ph.D., 
M.S.W., having reviewed and approved this document, is delegating the 
authority to electronically sign this document to William P. Gibson, 
Federal Register Liaison for SSA, for purposes of publication in the 
Federal Register.

William P. Gibson,
Federal Register Liaison, Office of Legislation and Congressional 
Affairs, Social Security Administration.
[FR Doc. 2022-20185 Filed 9-16-22; 8:45 am]
BILLING CODE 4191-02-P

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