81_FR_51562 81 FR 51412 - Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process

81 FR 51412 - Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range51412-51413
FR Document2016-18367

On July 12, 2016, we published in the Federal Register a notice of proposed rulemaking (NPRM) for Ensuring Program Uniformity at the Hearing and Appeals Council Levels of the Administrative Review Process. We provided a 30-day comment period ending on August 11, 2016. We are extending the comment period for 15 days.

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Proposed Rules]
[Pages 51412-51413]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18367]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2014-0052]
RIN 0960-AH71


Ensuring Program Uniformity at the Hearing and Appeals Council 
Levels of the Administrative Review Process

AGENCY: Social Security Administration.

ACTION: Notice of proposed rulemaking (NPRM); reopening of the comment 
period.

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SUMMARY: On July 12, 2016, we published in the Federal Register a 
notice of proposed rulemaking (NPRM) for Ensuring Program Uniformity at 
the Hearing and Appeals Council Levels of the Administrative Review 
Process. We provided a 30-day comment period ending on August 11, 2016. 
We are extending the comment period for 15 days.

DATES: The comment period for the NPRM published on July 12, 2016 (81 
FR 45079), is extended by 15 days and thus will end on August 26, 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-2014-0052 so 
that we may associate your comments with the correct rule.
    Caution: You should be careful to include in your comments only 
information that 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 that you submit your comments 
via the Internet. Please visit the Federal eRulemaking portal at http://www.regulations.gov. Use the ``Search'' function to find docket number 
SSA-2014-0052. The system will issue a tracking number to confirm your

[[Page 51413]]

submission. You will not be able to view your comment immediately 
because we must 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: Mail 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: Maren Weight, Office of Appellate 
Operations, Social Security Administration, 5107 Leesburg Pike, Falls 
Church, VA 22041, (703) 605-7100. 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: This document extends to August 26, 2016, 
the comment period for the NPRM that we published on July 12, 2016. We 
are extending the comment period in response to comments we received 
requesting additional time to review and comment on the proposed rules. 
If you have already provided comments on the proposed rules, we will 
consider your comments and you do not need to resubmit them.

Carolyn W. Colvin,
Acting Commissioner of Social Security.
[FR Doc. 2016-18367 Filed 8-3-16; 8:45 am]
 BILLING CODE 4191-02-P



                                                 51412                  Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules

                                                 credit extended does not exceed the                     and the creditor must comply with all                   By order of the Board of Governors of the
                                                 threshold amount.                                       of the applicable requirements of this                Federal Reserve System, July 19, 2016.
                                                    ii. Subsequent changes. If a creditor                part. See comment 3(b)–5.                             Robert deV. Frierson,
                                                 makes a closed-end extension of credit                                                                        Secretary of the Board.
                                                                                                            7. Application to extensions secured
                                                 or commitment to extend closed-end                                                                              Dated: July 13, 2016.
                                                 credit that exceeds the threshold                       by mobile homes. Because a mobile
                                                                                                         home can be a dwelling under                          Richard Cordray,
                                                 amount in effect at the time of                                                                               Director, Bureau of Consumer Financial
                                                 consummation, the closed-end loan                       § 1026.2(a)(19), the exemption in
                                                                                                         § 1026.3(b) does not apply to a credit                Protection.
                                                 remains exempt under § 1026.3(b)
                                                                                                         extension secured by a mobile home                    [FR Doc. 2016–18062 Filed 8–3–16; 8:45 am]
                                                 regardless of a subsequent increase in
                                                 the threshold amount. However, a                        that is used or expected to be used as                BILLING CODE 6210–01–P; 4810–AM–P

                                                 closed-end loan is not exempt under                     the principal dwelling of the consumer.
                                                 § 1026.3(b) merely because it is used to                See comment 3(b)–6.
                                                 satisfy and replace an existing exempt                                                                        SOCIAL SECURITY ADMINISTRATION
                                                                                                            8. Transition rule for open-end
                                                 loan, unless the new extension of credit                accounts exempt prior to July 21, 2011.               20 CFR Part 404
                                                 is itself exempt under the applicable                   Section 1026.3(b)(2) applies only to
                                                 threshold amount. For example, assume                   open-end accounts opened prior to July                [Docket No. SSA–2014–0052]
                                                 a closed-end loan that qualified for a                  21, 2011. Section 1026.3(b)(2) does not               RIN 0960–AH71
                                                 § 1026.3(b) exemption at consummation
                                                                                                         apply if a security interest is taken by
                                                 in year one is refinanced in year ten and                                                                     Ensuring Program Uniformity at the
                                                                                                         the creditor in real property, or in
                                                 that the new loan amount is less than                                                                         Hearing and Appeals Council Levels of
                                                 the threshold amount in effect in year                  personal property used or expected to
                                                                                                         be used as the consumer’s principal                   the Administrative Review Process
                                                 ten. In these circumstances, the creditor
                                                 must comply with all of the applicable                  dwelling. If, on July 20, 2011, an open-              AGENCY: Social Security Administration.
                                                 requirements of this part with respect to               end account is exempt under § 1026.3(b)               ACTION: Notice of proposed rulemaking
                                                 the year ten transaction if the original                based on a firm commitment to extend                  (NPRM); reopening of the comment
                                                 loan is satisfied and replaced by the                   credit in excess of $25,000, the account              period.
                                                 new loan, which is not exempt under                     remains exempt under § 1026.3(b)(2)
                                                 § 1026.3(b). See also comment 3(b)–6.                   until December 31, 2011 (unless the                   SUMMARY:   On July 12, 2016, we
                                                    6. Addition of a security interest in                firm commitment is reduced to $25,000                 published in the Federal Register a
                                                 real property or a dwelling after account               or less). If the firm commitment is                   notice of proposed rulemaking (NPRM)
                                                 opening or consummation. i. Open-end                    increased on or before December 31,                   for Ensuring Program Uniformity at the
                                                 credit. For open-end accounts, if after                 2011 to an amount in excess of $50,000,               Hearing and Appeals Council Levels of
                                                 account opening a security interest is                  the account remains exempt under                      the Administrative Review Process. We
                                                 taken in real property, or in personal                  § 1026.3(b)(1) regardless of subsequent               provided a 30-day comment period
                                                 property used or expected to be used as                 increases in the threshold amount as a                ending on August 11, 2016. We are
                                                 the consumer’s principal dwelling, a                    result of increases in the CPI–W. If the              extending the comment period for 15
                                                 previously exempt account ceases to be                                                                        days.
                                                                                                         firm commitment is not increased on or
                                                 exempt under § 1026.3(b) and the
                                                                                                         before December 31, 2011 to an amount                 DATES:   The comment period for the
                                                 creditor must begin to comply with all
                                                                                                         in excess of $50,000, the account ceases              NPRM published on July 12, 2016 (81
                                                 of the applicable requirements of this
                                                 part within a reasonable period of time.                to be exempt under § 1026.3(b) based on               FR 45079), is extended by 15 days and
                                                 See comment 3(b)–4.ii. If a security                    a firm commitment to extend credit. For               thus will end on August 26, 2016.
                                                 interest is taken in the consumer’s                     example:                                              ADDRESSES: You may submit comments
                                                 principal dwelling, the creditor must                      i. Assume that, on July 20, 2011, the              by any one of three methods—Internet,
                                                 also give the consumer the right to                     account is exempt under § 1026.3(b)                   fax, or mail. Do not submit the same
                                                 rescind the security interest consistent                based on the creditor’s firm                          comments multiple times or by more
                                                 with § 1026.15.                                         commitment to extend $30,000 in                       than one method. Regardless of which
                                                    ii. Closed-end credit. For closed-end                credit. On November 1, 2011, the                      method you choose, please state that
                                                 loans, if after consummation a security                                                                       your comments refer to Docket No.
                                                                                                         creditor increases the firm commitment
                                                 interest is taken in real property, or in                                                                     SSA–2014–0052 so that we may
                                                                                                         on the account to $55,000. In these
                                                 personal property used or expected to                                                                         associate your comments with the
                                                                                                         circumstances, the account remains
                                                 be used as the consumer’s principal                                                                           correct rule.
                                                                                                         exempt under § 1026.3(b)(1) regardless                   Caution: You should be careful to
                                                 dwelling, an exempt loan remains
                                                 exempt under § 1026.3(b). However, the                  of subsequent increases in the threshold              include in your comments only
                                                 addition of a security interest in the                  amount as a result of increases in the                information that you wish to make
                                                 consumer’s principal dwelling is a                      CPI–W.                                                publicly available. We strongly urge you
                                                 transaction for purposes of § 1026.23,                     ii. Same facts as paragraph i above                not to include in your comments any
                                                 and the creditor must give the consumer                 except, on November 1, 2011, the                      personal information, such as Social
                                                 the right to rescind the security interest              creditor increases the firm commitment                Security numbers or medical
                                                 consistent with that section. See                       on the account to $40,000. In these                   information.
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                                                 § 1026.23(a)(1) and its commentary. In                  circumstances, the account ceases to be                  1. Internet: We strongly recommend
                                                 contrast, if a closed-end loan that is                  exempt under § 1026.3(b)(2) after                     that you submit your comments via the
                                                 exempt under § 1026.3(b) is satisfied                   December 31, 2011, and the creditor                   Internet. Please visit the Federal
                                                 and replaced by a loan that is secured                  must begin to comply with the                         eRulemaking portal at http://
                                                 by real property, or by personal property               applicable requirements of this part.                 www.regulations.gov. Use the ‘‘Search’’
                                                 used or expected to be used as the                                                                            function to find docket number SSA–
                                                 consumer’s principal dwelling, the new                                                                        2014–0052. The system will issue a
                                                 loan is not exempt under § 1026.3(b),                                                                         tracking number to confirm your


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                                                                        Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules                                                51413

                                                 submission. You will not be able to                     SUMMARY:    This document contains                    § 1.409A–4    [Corrected]
                                                 view your comment immediately                           corrections to a partial withdrawal of                ■  4. On page 40584, first column, in the
                                                 because we must post each comment                       notice of proposed rulemaking; notice of              third and fourth line of paragraph
                                                 manually. It may take up to a week for                  proposed rulemaking (REG–123854–12)                   (a)(1)(ii)(B), the language ‘‘substantial
                                                 your comment to be viewable.                            that was published in the Federal                     risk of forfeiture—(1) Risk of forfeiture
                                                    2. Fax: Fax comments to (410) 966–                   Register on Wednesday, June 22, 2016                  disregarded.’’ is corrected to read
                                                 2830.                                                   (81 FR 40569). The proposed regulations               ‘‘substantial risk of forfeiture.’’.
                                                    3. Mail: Mail your comments to the                   are to clarify or modify certain specific             ■ 5. On page 40584, first and second
                                                 Office of Regulations and Reports                       provisions of the final regulations under             column of paragraphs ‘‘(a)(1)(ii)(B)(i),
                                                 Clearance, Social Security                              section 409A (TD 9321, 72 FR 19234).                  (ii), and (iii)’’ are renumbered as
                                                 Administration, 3100 West High Rise                     DATES: Written or electronic comments                 ‘‘(a)(1)(ii)(B)(1), (2), and (3)’’
                                                 Building, 6401 Security Boulevard,                      and requests for a public hearing for the             respectively.
                                                 Baltimore, Maryland 21235–6401.                         notice of proposed rulemaking
                                                    Comments are available for public                                                                          Martin V. Franks,
                                                                                                         published at 81 FR 40569, June 22, 2016
                                                 viewing on the Federal eRulemaking                                                                            Chief, Publications and Regulations Branch,
                                                                                                         are still being accepted and must be                  Legal Processing Division, Associate Chief
                                                 portal at http://www.regulations.gov or                 received by September 20, 2016.                       Counsel, (Procedure and Administration).
                                                 in person, during regular business                      FOR FURTHER INFORMATION CONTACT:
                                                 hours, by arranging with the contact                                                                          [FR Doc. 2016–18355 Filed 8–3–16; 8:45 am]
                                                                                                         Concerning the proposed regulations
                                                 person identified below.                                under sections 409A, Gregory Burns at
                                                                                                                                                               BILLING CODE 4830–01–P

                                                 FOR FURTHER INFORMATION CONTACT:                        (202) 927–9639, concerning submissions
                                                 Maren Weight, Office of Appellate                       or comments and/or requests for a                     DEPARTMENT OF THE TREASURY
                                                 Operations, Social Security                             public hearing, Regina Johnson 202–
                                                 Administration, 5107 Leesburg Pike,                     317–6901 (not toll-free numbers).                     Internal Revenue Service
                                                 Falls Church, VA 22041, (703) 605–                      SUPPLEMENTARY INFORMATION:
                                                 7100. For information on eligibility or                                                                       26 CFR Part 25
                                                 filing for benefits, call our national toll-            Background
                                                 free number, 1–800–772–1213 or TTY                                                                            [REG–163113–02]
                                                                                                           The partial withdrawal of notice of
                                                 1–800–325–0778, or visit our Internet                   proposed rulemaking; notice of                        RIN 1545–BB71
                                                 site, Social Security Online, at http://                proposed rulemaking (REG–123854–12)
                                                 www.socialsecurity.gov.                                 that is the subject of this correction is             Estate, Gift, and Generation-Skipping
                                                 SUPPLEMENTARY INFORMATION:    This                      under 409A of the Internal Revenue                    Transfer Taxes; Restrictions on
                                                 document extends to August 26, 2016,                    Code.                                                 Liquidation of an Interest
                                                 the comment period for the NPRM that                    Need for Correction                                   AGENCY: Internal Revenue Service (IRS),
                                                 we published on July 12, 2016. We are                                                                         Treasury.
                                                 extending the comment period in                           As published, the partial withdrawal
                                                                                                         of notice of proposed rulemaking; notice              ACTION: Notice of proposed rulemaking
                                                 response to comments we received
                                                 requesting additional time to review and                of proposed rulemaking (REG–123854–                   and notice of public hearing.
                                                 comment on the proposed rules. If you                   12) contains errors that may prove to be
                                                                                                                                                               SUMMARY:   This document contains
                                                 have already provided comments on the                   misleading and are in need of
                                                                                                                                                               proposed regulations concerning the
                                                 proposed rules, we will consider your                   clarification.
                                                                                                                                                               valuation of interests in corporations
                                                 comments and you do not need to                         Correction of Publication                             and partnerships for estate, gift, and
                                                 resubmit them.                                                                                                generation-skipping transfer (GST) tax
                                                                                                           Accordingly, the partial withdrawal of
                                                 Carolyn W. Colvin,                                      notice of proposed rulemaking; notice of              purposes. Specifically, these proposed
                                                 Acting Commissioner of Social Security.                 proposed rulemaking (REG–123854–12)                   regulations concern the treatment of
                                                 [FR Doc. 2016–18367 Filed 8–3–16; 8:45 am]              that was the subject of FR Doc. 2016–                 certain lapsing rights and restrictions on
                                                                                                         14331 is corrected as follows:                        liquidation in determining the value of
                                                 BILLING CODE 4191–02–P
                                                                                                                                                               the transferred interests. These
                                                                                                         § 1.409A–3    [Corrected]                             proposed regulations affect certain
                                                                                                         ■  1. On page 40582, first column,                    transferors of interests in corporations
                                                 DEPARTMENT OF THE TREASURY                                                                                    and partnerships and are necessary to
                                                                                                         seventeenth line of paragraph (i)(5)(iv),
                                                 Internal Revenue Service                                the language ‘‘described in § 1.409A–                 prevent the undervaluation of such
                                                                                                         (1)(b)(ii) held’’ is corrected to read                transferred interests.
                                                 26 CFR Part 1                                           ‘‘described in § 1.409A–1(b)(5)(ii) held’’.           DATES: Written and electronic comments
                                                                                                         ■ 2. On page 40582, second column, in                 must be received by November 2, 2016.
                                                 [REG–123854–12]                                                                                               Outlines of topics to be discussed at the
                                                                                                         paragraph (i)(5)(iv) twenty-first line
                                                 RIN 1545–BL25                                           from the top of the page, the language                public hearing scheduled for December
                                                                                                         ‘‘§ 1.409A–(1)(b)(5)(i)(A) or (B) or a                1, 2016, must be received by November
                                                 Application of Section 409A to                          statutory stock’’ is corrected to read                2, 2016.
                                                 Nonqualified Deferred Compensation                      ‘‘§ 1.409A–1(b)(5)(i)(A) or (B) or a                  ADDRESSES: Send submissions to:
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 Plans; Correction                                       statutory stock’’.                                    CC:PA:LPD:PR (REG–163113–02), Room
                                                 AGENCY:  Internal Revenue Service (IRS),                ■ 3. On page 40582, second column, in                 5203, Internal Revenue Service, POB
                                                 Treasury.                                               paragraph (i)(5)(iv) twenty-third line                7604, Ben Franklin Station, Washington,
                                                                                                         from the top of the page, the language                DC 20044. Submissions also may be
                                                 ACTION: Correction to a partial
                                                                                                         ‘‘§ 1.409A–(1)(b)(5)(ii) also will not                hand delivered Monday through Friday
                                                 withdrawal of notice of proposed
                                                                                                         cause the stock’’ is corrected to read                between the hours of 8 a.m. and 5 p.m.
                                                 rulemaking; notice of proposed
                                                                                                         ‘‘§ 1.409A–1(b)(5)(ii) also will not cause            to: CC:PA:LPD:PR (REG–163113–02),
                                                 rulemaking.
                                                                                                         the stock’’.                                          Courier’s Desk, Internal Revenue


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Document Created: 2016-08-04 02:53:23
Document Modified: 2016-08-04 02:53:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM); reopening of the comment period.
DatesThe comment period for the NPRM published on July 12, 2016 (81 FR 45079), is extended by 15 days and thus will end on August 26, 2016.
ContactMaren Weight, Office of Appellate Operations, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041, (703) 605-7100. 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 Citation81 FR 51412 
RIN Number0960-AH71

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