80 FR 63092 - Extension of the Expiration Date for State Disability Examiner Authority To Make Fully Favorable Quick Disability Determinations and Compassionate Allowance Determinations
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 80, Issue 201 (October 19, 2015)
Federal Register Volume 80, Issue 201 (October 19, 2015)
| Page Range | 63092-63094 | |
| FR Document | 2015-26488 |
[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)] [Rules and Regulations] [Pages 63092-63094] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26488] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA-2015-0011] RIN 0960-AH77 Extension of the Expiration Date for State Disability Examiner Authority To Make Fully Favorable Quick Disability Determinations and Compassionate Allowance Determinations AGENCY: Social Security Administration. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are extending the expiration date of our rule that authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our quick disability determination (QDD) and compassionate allowance (CAL) processes. The current rule will expire on November 13, 2015. In this final rule, we are changing the November 13, 2015 expiration or ``sunset'' date to November 11, 2016, extending the authority for 1 year. We are making no other substantive changes. DATES: This final rule is effective October 19, 2015. FOR FURTHER INFORMATION CONTACT: Kenneth Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-0608, 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 http://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Background of the QDD and CAL Disability Examiner Authority On October 13, 2010, we published a final rule that temporarily authorized State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our QDD and CAL processes. 75 FR 62676. We included in 20 CFR 404.1615(c)(3) and 416.1015(c)(3) provisions by which the State agency disability examiner authority to make fully favorable determinations without medical or psychological consultant approval in QDD and CAL claims would no longer be effective, unless we decided to terminate the rule earlier or extend it beyond that date by publication of a [[Page 63093]] final rule in the Federal Register. On August 28, 2014, we published a final rule extending the expiration date until November 13, 2015. 79 FR 51241. Explanation of Provision This final rule extends for 1 year the authority in the rule that we published on October 13, 2010 allowing disability examiners to make fully favorable determinations in certain disability claims under our QDD and CAL processes without the approval of a medical or psychological consultant. This rule allows us to make fully favorable determinations when we can as quickly as possible. The rule also helps us process claims more efficiently because it allows State agency medical and psychological consultants to spend their time on claims that require their expertise. In the rule that we published on October 13, 2010, we noted that our experience adjudicating QDD and CAL claims led us to our decision to allow disability examiners to make some fully favorable determinations without a medical or psychological consultation. When we implemented the rule, we also knew that State agencies would require some time to establish procedures, adopt necessary software modifications, and satisfy collective bargaining obligations. Extending the rule provides data on the active processes as well as ongoing analysis of the data we will use to make a decision on whether to make the authority permanent. Regulatory Procedures Justification for Issuing a Final Rule Without Notice and Comment We follow the Administrative Procedure Act (APA) rulemaking procedures specified in 5 U.S.C. 553 when developing regulations. Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). Generally, the APA requires that an agency provide prior notice and opportunity for public comment before issuing a final rule. However, the APA provides exceptions to its notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures because they are impracticable, unnecessary, or contrary to the public interest. We have determined that good cause exists for dispensing with the notice and public comment procedures for this rule. 5 U.S.C. 553(b)(B). Good cause exists because this final rule only extends the expiration date of the existing provisions. It makes no substantive changes. The current regulations expressly provide that we may extend or terminate the current rule. Therefore, we have determined that opportunity for prior comment is unnecessary, and we are issuing this rule as a final rule. In addition, for the reasons cited above, we find good cause for dispensing with the 30-day delay in the effective date of this final rule. 5 U.S.C. 553(d)(3). We are not making any substantive changes in our current rule, but are extending the expiration date of the rule. In addition, as discussed above, the change we are making in this final rule will allow us to better utilize our scarce administrative resources in light of the current budgetary constraints under which we are operating. For these reasons, we find that it is contrary to the public interest to delay the effective date of our rule. 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 review it. We also determined that this final rule meets the plain language requirement of Executive Order 12866. Regulatory Flexibility Act We certify that this final rule 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 Nos. 96.001, Social Security--Disability Insurance; 96.002, Social Security--Retirement Insurance; 96.004, Social Security--Survivors Insurance; 96.006, Supplemental Security Income.) List of Subjects 20 CFR Part 404 Administrative practice and procedure; Blind, Disability benefits; Old-age, Survivors and Disability Insurance; Reporting and recordkeeping requirements; Social Security. 20 CFR Part 416 Administrative practice and procedure; Reporting and recordkeeping requirements; Supplemental Security Income (SSI). Carolyn W. Colvin, Acting Commissioner of Social Security. For the reasons stated in the preamble, we are amending subpart Q of part 404 and subpart J of part 416 of title 20 of the Code of Federal Regulations as set forth below: PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) Subpart Q--[Amended] 0 1. The authority citation for subpart Q of part 404 continues to read as follows: Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)). 0 2. Amend Sec. 404.1615 by revising paragraph (c)(3) to read as follows: Sec. 404.1615 Making disability determinations. * * * * * (c) * * * (3) A State agency disability examiner alone if the claim is adjudicated under the quick disability determination process (see Sec. 404.1619) or the compassionate allowance process (see Sec. 404.1602), and the initial or reconsidered determination is fully favorable to you. This paragraph will no longer be effective on November 11, 2016 unless we terminate it earlier or extend it beyond that date by publication of a final rule in the Federal Register; or * * * * * PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Subpart J--[Amended] 0 3. The authority citation for subpart J of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1614, 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1382c, 1383, and 1383b). 0 4. Amend Sec. 416.1015 by revising paragraph (c)(3) to read as follows: Sec. 416.1015 Making disability determinations. * * * * * (c) * * * (3) A State agency disability examiner alone if you are not a child (a person who has not attained age 18), and the claim is adjudicated under the quick [[Page 63094]] disability determination process (see Sec. 416.1019) or the compassionate allowance process (see Sec. 416.1002), and the initial or reconsidered determination is fully favorable to you. This paragraph will no longer be effective on November 11, 2016 unless we terminate it earlier or extend it beyond that date by publication of a final rule in the Federal Register; or * * * * * [FR Doc. 2015-26488 Filed 10-16-15; 8:45 am] BILLING CODE 4191-02-P
![63092 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Rules and Regulations
History Environmental Review SOCIAL SECURITY ADMINISTRATION
On June 22, 2015, the FAA published The FAA has determined that this
in the Federal Register a notice of 20 CFR Parts 404 and 416
action qualifies for categorical exclusion
proposed rulemaking (NPRM) to [Docket No. SSA–2015–0011]
under the National Environmental
establish Class E airspace extending
upward from 700 feet above the surface Policy Act in accordance with FAA RIN 0960–AH77
at Bloyer Field Airport, Tomah, WI (80 Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures’’ Extension of the Expiration Date for
FR 35599). Interested parties were State Disability Examiner Authority To
invited to participate in this rulemaking paragraph 311a. This airspace action is
not expected to cause any potentially Make Fully Favorable Quick Disability
effort by submitting written comments Determinations and Compassionate
on the proposal to the FAA. No significant environmental impacts, and
Allowance Determinations
comments were received. no extraordinary circumstances exists
Class E airspace designations are that warrant preparation of an AGENCY: Social Security Administration.
published in paragraph 6005 of FAA environmental assessment. ACTION: Final rule.
Order 7400.9Z dated August 6, 2015,
and effective September 15, 2015, which List of Subjects in 14 CFR Part 71 SUMMARY: We are extending the
is incorporated by reference in 14 CFR expiration date of our rule that
Airspace, Incorporation by reference, authorizes State agency disability
71.1. The Class E airspace designations Navigation (air).
listed in this document will be examiners to make fully favorable
published subsequently in the Order. Adoption of the Amendment determinations without the approval of
a State agency medical or psychological
Availability and Summary of In consideration of the foregoing, the consultant in claims that we consider
Documents for Incorporation by Federal Aviation Administration under our quick disability
Reference amends 14 CFR part 71 as follows: determination (QDD) and
This document amends FAA Order compassionate allowance (CAL)
7400.9Z, airspace Designations and PART 71—DESIGNATION OF CLASS A, processes. The current rule will expire
Reporting Points, dated August 6, 2015, B, C, D, AND E AIRSPACE AREAS; AIR on November 13, 2015. In this final rule,
and effective September 15, 2015. FAA TRAFFIC SERVICE ROUTES; AND we are changing the November 13, 2015
Order 7400.9Z is publicly available as REPORTING POINTS expiration or ‘‘sunset’’ date to November
listed in the ADDRESSES section of this 11, 2016, extending the authority for 1
document. FAA Order 7400.9Z lists ■ 1. The authority citation for part 71 year. We are making no other
Class A, B, C, D, and E airspace areas, continues to read as follows: substantive changes.
air traffic service routes, and reporting DATES: This final rule is effective
points. Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
October 19, 2015.
The Rule 1959–1963 Comp., p. 389. FOR FURTHER INFORMATION CONTACT:
Kenneth Williams, Office of Disability
This action amends Title 14 Code of
Federal Regulations (14 CFR) Part 71 by
§ 71.1 [Amended] Policy, Social Security Administration,
establishing Class E airspace extending 6401 Security Boulevard, Baltimore, MD
■ 2. The incorporation by reference in 21235–6401, (410) 965–0608, for
upward from 700 feet above the surface 14 CFR 71.1 of FAA Order 7400.9Z,
within a 6.5-mile radius of Bloyer Field information about this notice. For
Airspace Designations and Reporting information on eligibility or filing for
Airport, Tomah, WI, to accommodate Points, dated August 6, 2015, and
new Standard Instrument Approach benefits, call our national toll-free
effective September 15, 2015, is number, 1–800–772–1213 or TTY 1–
Procedures at the airport. This action
amended as follows: 800–325–0778, or visit our Internet site,
enhances the safety and management of
IFR operations at the airport. Paragraph 6005 Class E Airspace Areas Social Security Online, at http://
Extending Upward From 700 Feet or More www.socialsecurity.gov.
Regulatory Notices and Analyses Above the Surface of the Earth. SUPPLEMENTARY INFORMATION:
The FAA has determined that this * * * * *
regulation only involves an established Background of the QDD and CAL
body of technical regulations for which AGL WI E5 Tomah, WI [New] Disability Examiner Authority
frequent and routine amendments are Bloyer Field Airport, WI On October 13, 2010, we published a
necessary to keep them operationally (Lat. 43°58′34″ N., long. 090°28′50″ W.) final rule that temporarily authorized
current. It, therefore: (1) Is not a That airspace extending upward from 700 State agency disability examiners to
‘‘significant regulatory action’’ under feet above the surface within a 6.5-mile make fully favorable determinations
Executive Order 12866; (2) is not a radius of Bloyer Field Airport. without the approval of a State agency
‘‘significant rule’’ under DOT medical or psychological consultant in
Issued in Fort Worth, TX, on October 7,
Regulatory Policies and Procedures (44 claims that we consider under our QDD
2015.
FR 11034; February 26, 1979); and (3) and CAL processes. 75 FR 62676.
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
does not warrant preparation of a Robert W. Beck, We included in 20 CFR 404.1615(c)(3)
regulatory evaluation as the anticipated Manager, Operations Support Group, ATO and 416.1015(c)(3) provisions by which
impact is so minimal. Since this is a Central Service Center. the State agency disability examiner
routine matter that only affects air traffic [FR Doc. 2015–26178 Filed 10–16–15; 8:45 am] authority to make fully favorable
procedures and air navigation, it is BILLING CODE 4910–13–P determinations without medical or
certified that this rule, when psychological consultant approval in
promulgated, does not have a significant QDD and CAL claims would no longer
economic impact on a substantial be effective, unless we decided to
number of small entities under the terminate the rule earlier or extend it
criteria of the Regulatory Flexibility Act. beyond that date by publication of a
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![Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Rules and Regulations 63093
final rule in the Federal Register. On may extend or terminate the current 20 CFR Part 416
August 28, 2014, we published a final rule. Therefore, we have determined Administrative practice and
rule extending the expiration date until that opportunity for prior comment is procedure; Reporting and recordkeeping
November 13, 2015. 79 FR 51241. unnecessary, and we are issuing this requirements; Supplemental Security
rule as a final rule. Income (SSI).
Explanation of Provision
In addition, for the reasons cited
This final rule extends for 1 year the above, we find good cause for
Carolyn W. Colvin,
authority in the rule that we published dispensing with the 30-day delay in the Acting Commissioner of Social Security.
on October 13, 2010 allowing disability effective date of this final rule. 5 U.S.C. For the reasons stated in the
examiners to make fully favorable 553(d)(3). We are not making any preamble, we are amending subpart Q of
determinations in certain disability substantive changes in our current rule, part 404 and subpart J of part 416 of title
claims under our QDD and CAL but are extending the expiration date of 20 of the Code of Federal Regulations as
processes without the approval of a the rule. In addition, as discussed set forth below:
medical or psychological consultant. above, the change we are making in this
This rule allows us to make fully final rule will allow us to better utilize PART 404—FEDERAL OLD-AGE,
favorable determinations when we can our scarce administrative resources in SURVIVORS AND DISABILITY
as quickly as possible. The rule also light of the current budgetary INSURANCE (1950– )
helps us process claims more efficiently constraints under which we are
because it allows State agency medical Subpart Q—[Amended]
operating. For these reasons, we find
and psychological consultants to spend that it is contrary to the public interest
their time on claims that require their ■ 1. The authority citation for subpart Q
to delay the effective date of our rule. of part 404 continues to read as follows:
expertise.
In the rule that we published on Executive Order 12866, as Authority: Secs. 205(a), 221, and 702(a)(5)
October 13, 2010, we noted that our Supplemented by Executive Order of the Social Security Act (42 U.S.C. 405(a),
experience adjudicating QDD and CAL 13563 421, and 902(a)(5)).
claims led us to our decision to allow ■ 2. Amend § 404.1615 by revising
disability examiners to make some fully We consulted with the Office of paragraph (c)(3) to read as follows:
favorable determinations without a Management and Budget (OMB) and
medical or psychological consultation. determined that this final rule does not § 404.1615 Making disability
When we implemented the rule, we also meet the criteria for a significant determinations.
knew that State agencies would require regulatory action under Executive Order * * * * *
some time to establish procedures, 12866, as supplemented by Executive (c) * * *
adopt necessary software modifications, Order 13563. Therefore, OMB did not (3) A State agency disability examiner
and satisfy collective bargaining review it. alone if the claim is adjudicated under
obligations. Extending the rule provides We also determined that this final the quick disability determination
data on the active processes as well as rule meets the plain language process (see § 404.1619) or the
ongoing analysis of the data we will use requirement of Executive Order 12866. compassionate allowance process (see
to make a decision on whether to make § 404.1602), and the initial or
the authority permanent. Regulatory Flexibility Act reconsidered determination is fully
favorable to you. This paragraph will no
Regulatory Procedures We certify that this final rule will not longer be effective on November 11,
have a significant economic impact on 2016 unless we terminate it earlier or
Justification for Issuing a Final Rule a substantial number of small entities
Without Notice and Comment extend it beyond that date by
because it affects individuals only. publication of a final rule in the Federal
We follow the Administrative Therefore, the Regulatory Flexibility Register; or
Procedure Act (APA) rulemaking Act, as amended, does not require us to
prepare a regulatory flexibility analysis. * * * * *
procedures specified in 5 U.S.C. 553
when developing regulations. Section PART 416—SUPPLEMENTAL
Paperwork Reduction Act
702(a)(5) of the Social Security Act, 42 SECURITY INCOME FOR THE AGED,
U.S.C. 902(a)(5). Generally, the APA These rules do not create any new or BLIND, AND DISABLED
requires that an agency provide prior affect any existing collections and,
notice and opportunity for public therefore, do not require Office of Subpart J—[Amended]
comment before issuing a final rule. Management and Budget approval
However, the APA provides exceptions under the Paperwork Reduction Act. ■ 3. The authority citation for subpart J
to its notice and public comment of part 416 continues to read as follows:
(Catalog of Federal Domestic Assistance
procedures when an agency finds there Authority: Secs. 702(a)(5), 1614, 1631, and
Program Nos. 96.001, Social Security—
is good cause for dispensing with such Disability Insurance; 96.002, Social 1633 of the Social Security Act (42 U.S.C.
procedures because they are 902(a)(5), 1382c, 1383, and 1383b).
Security—Retirement Insurance; 96.004,
impracticable, unnecessary, or contrary Social Security—Survivors Insurance; 4. Amend § 416.1015 by revising
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
■
to the public interest. 96.006, Supplemental Security Income.) paragraph (c)(3) to read as follows:
We have determined that good cause
exists for dispensing with the notice and List of Subjects § 416.1015 Making disability
public comment procedures for this 20 CFR Part 404 determinations.
rule. 5 U.S.C. 553(b)(B). Good cause * * * * *
exists because this final rule only Administrative practice and (c) * * *
extends the expiration date of the procedure; Blind, Disability benefits; (3) A State agency disability examiner
existing provisions. It makes no Old-age, Survivors and Disability alone if you are not a child (a person
substantive changes. The current Insurance; Reporting and recordkeeping who has not attained age 18), and the
regulations expressly provide that we requirements; Social Security. claim is adjudicated under the quick
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![63094 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Rules and Regulations
disability determination process (see 2. Informal Review and Official Request • Provides that all elections will be
§ 416.1019) or the compassionate 3. Who May Vote in a Secretarial Election handled by mailout ballot unless polling
allowance process (see § 416.1002), and 4. Costs of Holding a Secretarial Election places are expressly required by the
D. IRA (and OIWA, as applicable) amendment or adoption article of the
the initial or reconsidered
Secretarial Elections
determination is fully favorable to you. 1. Secretarial Election Board tribe’s governing document;
This paragraph will no longer be 2. Ballot and Submission of Ballot • Responds to the amendments made
effective on November 11, 2016 unless 3. Eligible Voters List to Section 17 of the IRA by the Act of
we terminate it earlier or extend it 4. Notice May 24, 1990 (104 Stat. 207) (25 U.S.C.
beyond that date by publication of a 5. Registration 477) under which additional tribes may
final rule in the Federal Register; or 6. Polling Sites petition for charters of incorporation
7. Challenges and removes the requirement of an
* * * * * 8. Participation in the Election election to ratify the approval of new
[FR Doc. 2015–26488 Filed 10–16–15; 8:45 am] E. Petitioning charters issued after May 24, 1990,
BILLING CODE 4191–02–P F. Miscellaneous
III. Consultations
unless required by tribal law; and
IV. Procedural Matters
• Reflects the 1994 addition of two
A. Regulatory Planning and Review (E.O. subsections to section 16 of the IRA by
DEPARTMENT OF THE INTERIOR 12866) the Technical Corrections Act of 1994
B. Regulatory Flexibility Act (108 Stat. 707) (25 U.S.C. 476(f) & (g))
Bureau of Indian Affairs C. Small Business Regulatory Enforcement that prohibit the Federal government
Fairness Act from making a regulation or
25 CFR Parts 81 and 82 D. Unfunded Mandates Reform Act administrative decision ‘‘that classifies,
E. Takings (E.O. 12630) enhances, or diminishes the privileges
[156A2100DD/AAKC001030/ F. Federalism (E.O. 13132)
A0A501010.999900 253G] and immunities available to a federally
G. Civil Justice Reform (E.O. 12988) recognized Indian tribe relative to the
RIN 1076–AE93 H. Consultation With Indian Tribes (E.O.
13175)
privileges and immunities available to
I. Paperwork Reduction Act other federally recognized tribes by
Secretarial Election Procedures virtue of their status as Indian tribes.’’
J. National Environmental Policy Act
AGENCY: Bureau of Indian Affairs, K. Information Quality Act When Congress enacted the Oklahoma
Interior. L. Effects on the Energy Supply (E.O. Indian Welfare Act (OIWA) in 1936, the
13211) language it used to guarantee the right
ACTION: Final rule.
of tribes to organize and adopt
I. Executive Summary constitutions and bylaws was different
SUMMARY: The Bureau of Indian Affairs
is amending its regulations governing The Bureau of Indian Affairs (BIA) is from that used in the IRA. The OIWA
Secretarial elections and procedures for amending 25 CFR parts 81 (Tribal language requires the Secretary to
tribal members to petition for Secretarial Reorganization under a Federal Statute) approve the constitution before it is
elections. This rule reflects changes in and 82 (Petitioning Procedures for submitted to the tribal membership for
the law and the requirement that Tribes Reorganized under Federal a vote to ratify it. These regulations
regulations be written in plain language. Statute and Other Organized Tribes), reflect the difference in language
The rule also clarifies how tribes may combining them into one Code of between the IRA and the OIWA.
remove Secretarial election Federal Regulations part at 25 CFR part For many tribes, the requirement for
requirements from their governing 81 (Secretarial Elections). The Secretarial elections or Secretarial
documents. Secretarial elections regulations were approval is anachronistic and
originally adopted in 1964, and the inconsistent with modern policies
DATES: This rule is effective November Petitioning Procedures regulations were favoring tribal self-governance. The rule
18, 2015. originally adopted in 1967. See 29 FR includes language clarifying that a tribe
FOR FURTHER INFORMATION CONTACT: 14359 (October 17, 1964); 32 FR 11779 reorganized under the IRA may amend
Laurel Iron Cloud, Chief, Division of (August 16, 1967). The Department has its governing document to remove the
Tribal Government Services, Central not updated either of these regulations requirement for Secretarial approval of
Office, Bureau of Indian Affairs at since 1981. See 46 FR 1668 (January 7, future amendments. The Department
telephone (202) 513–7641. Individuals 1981). encourages amendments to governing
who use a telecommunications device A Secretarial election is a Federal documents to remove vestiges of a more
for the deaf (TDD) may call the Federal election conducted by the Secretary of paternalistic approach toward tribes.
Information Relay Service at 1–800– the Interior (Secretary) under a Federal Once the requirement for Secretarial
877–8339 between 8 a.m. and 4 p.m. statute or tribal governing document approval is removed through a
Monday through Friday, excluding under 25 CFR part 81. See Cohen’s Secretarial election, Secretarial approval
Federal holidays. Handbook of Federal Indian Law of future amendments is not required,
SUPPLEMENTARY INFORMATION: section 4.06[2][a]–[b], at 286–297 (Nell meaning there will be no future
I. Executive Summary Jessup Newton ed., 2012). See also Secretarial elections conducted for the
II. Summary of Comments on the Proposed Cheyenne River Sioux Tribe v. Andrus, tribe, and future elections will be purely
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
Rule and Responses to Comments 566 F. 2d 1085 (8th Cir. 1977), cert. tribal elections, governed and run by the
A. General denied, 439 U.S. 820 (1978). This final tribe rather than BIA. Additionally,
1. Application to Federally Recognized rule: without a requirement for Secretarial
Tribes Only • Responds to the 1988 amendments approval, the constitution will no longer
2. General made to section 16 of the Indian be governed by the other election-
3. Removal of Requirement for Secretarial
Election
Reorganization Act (IRA) (June 18, 1934, related requirements of the IRA, such as
B. Definitions 48 Stat. 984) (25 U.S.C. 476), as the minimum number of tribal voters to
C. Provisions Applicable to All Secretarial amended, which established time make an election effective. Such matters
Elections frames within which the Secretary must will be governed by tribal policy
1. Tribal Request call and conduct Secretarial elections; decisions rather than Federal ones.
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Document Created: 2015-12-15 08:35:49
Document Modified: 2015-12-15 08:35:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective October 19, 2015. | |
| Contact | Kenneth Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-0608, 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 http:// www.socialsecurity.gov. | |
| FR Citation | 80 FR 63092 | |
| RIN Number | 0960-AH77 | |
| CFR Citation | 20
CFR
404 20 CFR 416 | |
| CFR Associated | Administrative Practice and Procedure; Blind; Disability Benefits; Old-Age; Survivors and Disability Insurance; Reporting and Recordkeeping Requirements; Social Security and Administrative Practice and Procedure; Reporting and Recordkeeping Requirements; Supplemental Security Income (ssi) |
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