81_FR_7068 81 FR 7041 - Revising the Ticket to Work Program Rules

81 FR 7041 - Revising the Ticket to Work Program Rules

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 81, Issue 27 (February 10, 2016)

Page Range7041-7044
FR Document2016-02657

We are soliciting public input on whether and how we might revise the current Ticket to Work program rules. The Ticket to Work and Work Incentives Improvement Act of 1999 established the Ticket to Work program to allow individuals with disabilities to seek services to obtain and retain employment in order to reduce dependency on cash benefit programs. In creating the program, Congress found that eliminating barriers to work and providing individuals with real choice in obtaining services and technology to find, enter, and maintain employment can greatly improve the short and long-term financial independence and personal well-being of our beneficiaries. We want to explore improving our Ticket to Work program as part of our ongoing effort to help our beneficiaries find and maintain employment that leads to increased independence and enhanced productivity. If we propose specific revisions to our regulations, we will publish a notice of proposed rulemaking (NPRM) in the Federal Register.

Federal Register, Volume 81 Issue 27 (Wednesday, February 10, 2016)
[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Proposed Rules]
[Pages 7041-7044]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02657]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2015-0025]

20 CFR Part 411

RIN 0960-AH50


Revising the Ticket to Work Program Rules

AGENCY: Social Security Administration.

ACTION: Advance notice of proposed rulemaking (ANPRM).

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

SUMMARY: We are soliciting public input on whether and how we might 
revise the current Ticket to Work program rules. The Ticket to Work and 
Work Incentives Improvement Act of 1999 established the Ticket to Work 
program to allow individuals with disabilities to seek services to 
obtain and retain employment in order to reduce dependency on cash 
benefit programs. In creating the program, Congress found that 
eliminating barriers to work and providing individuals with real choice 
in obtaining services and technology to find, enter, and maintain 
employment can greatly improve the short and long-term financial 
independence and personal well-being of our beneficiaries.
    We want to explore improving our Ticket to Work program as part of 
our ongoing effort to help our beneficiaries find and maintain 
employment that leads to increased independence and enhanced 
productivity. If we propose

[[Page 7042]]

specific revisions to our regulations, we will publish a notice of 
proposed rulemaking (NPRM) in the Federal Register.

DATES: To ensure that we consider your comments, we must receive them 
by no later than April 11, 2016.

ADDRESSES: You may submit comments by Internet, fax, or mail. Do not 
submit the same comments multiple times or by more than one method. 
Regardless of which method you choose, please state that your comments 
refer to Docket No. SSA-2015-0025 so that we may associate your 
comments with this ANPRM.
    Caution: You should be careful to include in your comments only 
information you wish to make publicly available. We strongly urge you 
not to include in your comments any personal information, such as 
Social Security numbers or medical information.
    1. Internet: We strongly recommend this method for submitting your 
comments. Visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Web page's Search function to find docket 
number SSA-2015-0025. Once you submit your comment, the system will 
issue you a tracking number to confirm your submission. You will not be 
able to view your comment immediately because we post each comment 
manually. It may take up to a week for your comment to appear.
    2. Fax: Fax comments to (410) 966-2830.
    3. Mail: Address your comments to the Office of Regulations and 
Reports Clearance, Social Security Administration, 3100 West High Rise 
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at http://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

FOR FURTHER INFORMATION CONTACT: Mark Green, Deputy Director, Office of 
Beneficiary Outreach and Employment Support, Office of Research, 
Demonstration and Employment Support, Social Security Administration, 
6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-9852. 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:

What is the purpose of this ANPRM?

    The purpose of this ANPRM is to solicit ideas for improving the 
Ticket to Work program. We are considering whether and how we might 
update the Ticket to Work program rules to help both our beneficiaries 
and the providers that serve our beneficiaries in the program. The 
Ticket to Work program rules are contained in 20 CFR part 411. We last 
updated the program rules on May 20, 2008. Through this ANPRM, we are 
requesting comments and suggestions from the public on what we might 
include in new Ticket to Work program rules.

Why are we considering new Ticket to Work program rules?

    According to the Bureau of Labor Statistics' (BLS) Current 
Population Survey (http://www.bls.gov/news.release/empsit.t06.htm), the 
July 2015 unemployment rate for individuals with a disability \1\ was 
10.4 percent, compared to 5.4 percent for people without disability. 
This number refers to those who were actively seeking a job, and were 
willing, able and available to work, but unable to find a job in the 
month prior to the survey. The July 2015 employment-population ratio, 
which measures the percent of people in a given population who are 
working, was 17.7 percent for persons with a disability, versus 65.3 
percent for those without a disability.
---------------------------------------------------------------------------

    \1\ The BLS uses a different definition of ``disability'' than 
we do. The BLS defines a person with disability as someone with at 
least one of the following conditions: Is deaf or has serious 
difficulty hearing; is blind or has serious difficulty seeing even 
when wearing glasses; has serious difficulty concentrating, 
remembering, or making decisions because of a physical, mental, or 
emotional condition; has serious difficulty walking or climbing 
stairs; has difficulty dressing or bathing; or has difficulty doing 
errands alone such as visiting a doctor's office or shopping because 
of a physical, mental, or emotional condition. Sections 223(d)(1)(A) 
and 1614(a)(3)(A) of the Social Security Act, 42 U.S.C. 
423(d)(1)(A), 1382c(a)(3)(A), define ``disability'' as the inability 
to engage in any substantial gainful activity by reason of any 
medically determinable physical or mental impairment. The impairment 
must be one that can be expected to result in death or that has 
lasted or can be expected to last for a continuous 12-month period.
---------------------------------------------------------------------------

    Employment programs that assist people with finding jobs may focus 
on either short-term or long-term goals. For example, the Individual 
Placement and Support (IPS) model emphasizes rapid job search and 
placement. Other models focus on equipping people with the education, 
skills, and supports that are building blocks of sustainable success in 
the labor market. We seek comments on the effectiveness of different 
employment support models and on how we can change the structure of the 
Ticket to Work program to incorporate the most successful models.
    Since the last change in the Ticket to Work rules, there has been 
increased research in the fields of financial literacy, behavioral 
economics, and psychology. This could inform us on how to improve 
Ticket to Work program outcomes. For example, research shows that the 
way information is presented influences the decisions an individual 
makes. Therefore, it is essential to present information clearly and 
effectively, particularly for decisions that are complex or have long-
term consequences. Beneficiaries in the Ticket to Work program face 
complex decisions regarding employment and benefits options. We are 
seeking your suggestions on effective ways to present information to 
beneficiaries to improve participation and outcomes in the Ticket to 
Work program.
    Further, beneficiaries may need other supports to manage their 
finances and benefits. In our preliminary research, we noticed three 
areas of possible interest to beneficiaries in the program: (1) 
Financial education and counseling, (2) access to financial services 
and products, and (3) asset building. We request comments on how the 
Ticket to Work program might assist beneficiaries in understanding the 
options for increasing their earnings and achieving/sustaining greater 
financial independence, and whether financial education, financial 
services, and asset building are necessary to foster work outcomes that 
are likely to lead to exit from the disability rolls.
    We also welcome your ideas on fostering program success for and 
with employment networks (ENs), which are the approved service 
providers for the program. Beneficiaries may obtain assistance from ENs 
in locating, retaining, and advancing in jobs/careers. We want your 
input on how we can remove service barriers for and increase the 
effectiveness of ENs, and which services the ENs might provide to help 
beneficiaries to secure employment and increase their earnings. In 
particular, we welcome comments and actual examples of how ENs can best 
assist individuals--in concert with employers, VR agencies, public work 
force systems, WIPAs and other entities--to achieve and sustain our 
beneficiaries' employment success.
    Under the current program rules, the amount of our payments to ENs 
remains the same as long as a beneficiary meets our earnings 
requirements. We do not increase EN payments when a beneficiary earns 
more than the substantial gainful activity (SGA) level for sustained 
periods. (SGA describes a

[[Page 7043]]

level of work activity and earnings, which we use as one factor to 
determine disability. We ordinarily consider an individual earning more 
than a certain monthly amount, excluding impairment-related work 
expenses, as engaging in SGA.) For 2015, earnings of more than $1,090 
per month for non-blind individuals or $1,820 per month for blind 
individuals indicate SGA. We invite your comments on whether we should 
structure the payment system to provide ENs with increased payments for 
helping beneficiaries locate and keep higher paying jobs.
    In general, with regard to removing service barriers for the ENs or 
changing the payment structure, we seek comments on how to foster a 
robust market of employment support services for our beneficiaries.
    We are committed to identifying strategies that help people find 
and maintain employment and improve their economic status. Any changes 
we make to the Ticket to Work program should be based on strong 
research and effective practices that are evidence-based and data-
driven. By adapting these practices to the Ticket to Work program, we 
hope to improve the long-term employment and economic prospects of our 
beneficiaries. If we propose specific revisions, we will publish a 
notice of proposed rulemaking in the Federal Register.

On which rules are we inviting comments and suggestions?

    We are interested in any comments and suggestions you have on 
whether and how we should revise our Ticket to Work rules found in 20 
CFR part 411. You can find the current rules for the Ticket to Work and 
Self-Sufficiency Program on the Internet at: http://www.thefederalregister.org/fdsys/pkg/CFR-2009-title20-vol2/pdf/CFR-2009-title20-vol2-part411.pdf.
    We issued initial Ticket to Work program rules on December 28, 2001 
(66 FR 67370). Based on our experience administering the program, we 
published amendments to those rules on May 20, 2008 (73 FR 29324). The 
revised rules simplified the program and made it more attractive to 
beneficiaries and potential service providers. In our ongoing effort to 
improve employment outcomes for beneficiaries, we are inviting your 
comments on whether and how we should revise the rules again.
    We would like your comments on the program rules and your thoughts 
on our specific questions below. If you know of research studies 
supporting your recommendations, please attach the study to your 
comments or provide the name of the study, date of publication, and 
name(s) of the researcher(s) in your response.

Who should send us comments and suggestions?

    We invite comments and suggestions from the following individuals 
and groups: Current and former beneficiaries, State Agencies 
(particularly State Vocational Agencies and Job Development Programs), 
advocates, current and former employment networks, and interested 
members of the public.

What should you comment about?

    We are interested in any comments and suggestions on ways to 
improve the Ticket to Work program. For example:
    1. Overall, how can we support the employment goals of social 
security beneficiaries through the Ticket to Work program?
    2. How could we structure and present information to increase 
participation in and effectiveness of the program?
    3. What employment support models are likely to be most effective 
in achieving the intent and goals of the program?
    4. What incentives could we offer to help ensure ENs are 
financially and organizationally viable?
    5. What incentives could we offer ENs for collaborating effectively 
with employers, VR agencies, public work force systems, WIPAs and other 
entities assisting our disability beneficiaries?
    6. How could the program encourage youth with disabilities to 
pursue apprenticeships, career development programs, post-secondary 
education, and other work-related opportunities in a manner similar to 
their peers without disabilities?
    7. How could ENs become integral to transition planning with youth 
who have disabilities, their families, and local schools?
    8. Would offering beneficiaries financial education and planning 
services be appropriate for the program? If so, how could we accomplish 
this through changes to the program regulations?
    9. What service barriers or administrative complexities do ENs face 
that inhibit their ability to serve our beneficiaries?
    10. How might we encourage more organizations that can provide 
appropriate services to our beneficiaries to participate as ENs?
    11. Should we adjust our payment systems to increase EN payments 
when a beneficiary earns more than the SGA level for sustained periods? 
If so, what adjustments could we make without increasing overall 
program costs?
    12. Should we adjust our payment systems to provide even more EN 
payments than we currently do for helping a beneficiary secure and 
maintain part-time employment below the SGA level? If so, how might 
such a payment differ from the EN payments for a beneficiary earning at 
or above the SGA level?
    13. The blanket purchase agreement we award to contractors to serve 
as ENs outlines their requirements to provide ongoing support services 
to beneficiaries. How should we define ``ongoing support services'' for 
the ENs? What ongoing services are necessary to support beneficiaries 
in jobs above SGA levels for sustained periods?
    14. Under the program, State VR agencies participate either as ENs 
or under the cost reimbursement payment system (20 CFR 411.355) 
applicable to them. Should State VR agencies participating as ENs offer 
the same services and have the same responsibilities as other ENs? If 
not, what services and supports should State VR agencies participating 
as ENs provide?
    15. In measuring EN performance, we consider factors such as:
     Completing employment support services as planned;
     the percentage of Ticket to Work clients who were placed 
in a job within 9-12 months;
     the percentage of clients who retained their jobs for 
significant periods; and
     the percentage of clients who progressed to long-term 
earnings above SGA.
    Are these appropriate measures and, if not, what measures should we 
use?
    16. What are some barriers that ENs face? How might we adjust our 
rules to help ENs succeed at providing the services and support 
beneficiaries need to find and maintain employment?

Will we respond to your comments from this notice?

    We will consider all comments and suggestions we receive. However, 
we will not respond directly to the comments you send in response to 
this ANPRM.

What will we consider when we decide whether to propose revisions?

    When we decide whether to propose revisions to our rules for the 
program, we will consider:
     All comments and suggestions we receive in response to 
this notice, and
     Our own experience working with the program.

[[Page 7044]]

    If we decide to propose specific revisions, we will publish a 
Notice of Proposed Rulemaking in the Federal Register, and you will 
have an opportunity to comment on the revisions we propose.

List of Subjects in 20 CFR Part 411

    Administrative practice and procedure, Blind, Disability benefits, 
Public assistance programs, Reporting and recordkeeping requirements, 
Social security, Supplemental Security Income (SSI), Vocational 
rehabilitation.

Carolyn W. Colvin,
Acting Commissioner of Social Security.
[FR Doc. 2016-02657 Filed 2-9-16; 8:45 am]
BILLING CODE 4191-02-P



                                                                           Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Proposed Rules                                                 7041

                                                       developing reasoned regulatory                          CFR), Part 71 by establishing Class E                   Authority: 49 U.S.C. 106(f), 106(g), 40103,
                                                       decisions on the proposal. Comments                     airspace extending upward from 700                    40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                       are specifically invited on the overall                 feet above the surface within an 6-mile               1959–1963 Comp., p. 389.
                                                       regulatory, aeronautical, economic,                     radius of South Grand Lake Regional                   § 71.1       [Amended]
                                                       environmental, and energy-related                       Airport, Ketchum, OK, to accommodate
                                                                                                                                                                     ■ 2. The incorporation by reference in
                                                       aspects of the proposal.                                new standard instrument approach
                                                                                                                                                                     14 CFR 71.1 of FAA Order 7400.9Z,
                                                       Communications should identify both                     procedures. Controlled airspace is
                                                                                                                                                                     Airspace Designations and Reporting
                                                       docket numbers and be submitted in                      needed for the safety and management
                                                                                                                                                                     Points, dated August 6, 2015, and
                                                       triplicate to the address listed above.                 of IFR operations at the airport.
                                                                                                                                                                     effective September 15, 2015, is
                                                       Commenters wishing the FAA to                              Class E airspace areas are published
                                                                                                                                                                     amended as follows:
                                                       acknowledge receipt of their comments                   in Section 6005 of FAA Order 7400.9Z,
                                                       on this notice must submit with those                   dated August 6, 2015, and effective                   Section 6005 Class E Airspace Areas
                                                       comments a self-addressed, stamped                      September 15, 2015, which is                          Extending Upward From 700 feet or More
                                                       postcard on which the following                         incorporated by reference in 14 CFR                   Above the Surface of the Earth.
                                                       statement is made: ‘‘Comments to                        71.1. The Class E airspace designation                *        *      *    *    *
                                                       Docket No. FAA–2016–1288/Airspace                       listed in this document will be                       ASW OK E5 Ketchum, OK [New]
                                                       Docket No. 15–ASW–23.’’ The postcard                    published subsequently in the Order.
                                                                                                                                                                     South Grand Lake Regional Airport, OK
                                                       will be date/time stamped and returned                                                                          (Lat. 36°32′47″ N., long. 095°00′49″ W.)
                                                                                                               Regulatory Notices and Analyses
                                                       to the commenter.
                                                                                                                                                                       That airspace extending upward from 700
                                                                                                                 The FAA has determined that this
                                                       Availability of NPRMs                                                                                         feet above the surface within a 6-mile radius
                                                                                                               proposed regulation only involves an                  of South Grand Lake Regional Airport.
                                                          An electronic copy of this document                  established body of technical
                                                       may be downloaded through the                           regulations for which frequent and                      Issued in Fort Worth, TX, on January 27,
                                                       Internet at http://www.regulations.gov.                 routine amendments are necessary to                   2016.
                                                       Recently published rulemaking                           keep them operationally current, is non-              Robert W. Beck,
                                                       documents can also be accessed through                  controversial and unlikely to result in               Manager, Operations Support Group, ATO
                                                       the FAA’s Web page at http://                           adverse or negative comments. It,                     Central Service Center.
                                                       www.faa.gov/airports_airtraffic/air_                    therefore: (1) Is not a ‘‘significant                 [FR Doc. 2016–02549 Filed 2–9–16; 8:45 am]
                                                       traffic/publications/airspace_                          regulatory action’’ under Executive                   BILLING CODE 4910–13–P
                                                       amendments/.                                            Order 12866; (2) is not a ‘‘significant
                                                         You may review the public docket                      rule’’ under DOT Regulatory Policies
                                                       containing the proposal, any comments                   and Procedures (44 FR 11034; February
                                                       received and any final disposition in                                                                         SOCIAL SECURITY ADMINISTRATION
                                                                                                               26, 1979); and (3) does not warrant
                                                       person in the Dockets Office (see                       preparation of a regulatory evaluation as             [Docket No. SSA–2015–0025]
                                                       ADDRESSES section for address and                       the anticipated impact is so minimal.
                                                       phone number) between 9:00 a.m. and                     Since this is a routine matter that will              20 CFR Part 411
                                                       5:00 p.m., Monday through Friday,                       only affect air traffic procedures and air            RIN 0960–AH50
                                                       except Federal holidays. An informal                    navigation, it is certified that this rule,
                                                       docket may also be examined during                      when promulgated, would not have a                    Revising the Ticket to Work Program
                                                       normal business hours at the Central                    significant economic impact on a                      Rules
                                                       Service Center, Operation Support                       substantial number of small entities
                                                       Group, 10101 Hillwood Parkway, Fort                                                                           AGENCY: Social Security Administration.
                                                                                                               under the criteria of the Regulatory
                                                       Worth, TX 76177.                                        Flexibility Act.                                      ACTION:Advance notice of proposed
                                                          Persons interested in being placed on                                                                      rulemaking (ANPRM).
                                                       a mailing list for future NPRMs should                  Environmental Review
                                                       contact the FAA’s Office of Rulemaking                                                                        SUMMARY:   We are soliciting public input
                                                                                                                  This proposal will be subject to an                on whether and how we might revise
                                                       (202) 267–9677, to request a copy of                    environmental analysis in accordance
                                                       Advisory Circular No. 11–2A, Notice of                                                                        the current Ticket to Work program
                                                                                                               with FAA Order 1050.1F,                               rules. The Ticket to Work and Work
                                                       Proposed Rulemaking Distribution                        ‘‘Environmental Impacts: Policies and
                                                       System, which describes the application                                                                       Incentives Improvement Act of 1999
                                                                                                               Procedures’’ prior to any FAA final                   established the Ticket to Work program
                                                       procedure.                                              regulatory action.                                    to allow individuals with disabilities to
                                                       Availability and Summary of                             List of Subjects in 14 CFR Part 71                    seek services to obtain and retain
                                                       Documents Proposed for Incorporation                                                                          employment in order to reduce
                                                       by Reference                                             Airspace, Incorporation by reference,
                                                                                                                                                                     dependency on cash benefit programs.
                                                                                                               Navigation (air)
                                                         This document would amend FAA                                                                               In creating the program, Congress found
                                                       Order 7400.9Z, Airspace Designations                    The Proposed Amendment                                that eliminating barriers to work and
                                                       and Reporting Points, dated August 6,                     In consideration of the foregoing, the              providing individuals with real choice
                                                       2015, and effective September 15, 2015.                 Federal Aviation Administration                       in obtaining services and technology to
                                                                                                                                                                     find, enter, and maintain employment
asabaliauskas on DSK9F6TC42PROD with PROPOSALS2




                                                       FAA Order 7400.9Z is publicly available                 proposes to amend 14 CFR part 71 as
                                                       as listed in the ADDRESSES section of this              follows:                                              can greatly improve the short and long-
                                                       document. FAA Order 7400.9Z lists                                                                             term financial independence and
                                                       Class A, B, C, D, and E airspace areas,                 PART 71—DESIGNATION OF CLASS A,                       personal well-being of our beneficiaries.
                                                       air traffic service routes, and reporting               B, C, D, AND E AIRSPACE AREAS; AIR                       We want to explore improving our
                                                       points.                                                 TRAFFIC SERVICE ROUTES; AND                           Ticket to Work program as part of our
                                                                                                               REPORTING POINTS                                      ongoing effort to help our beneficiaries
                                                       The Proposal                                                                                                  find and maintain employment that
                                                         This action proposes to amend Title                   ■ 1. The authority citation for 14 CFR                leads to increased independence and
                                                       14, Code of Federal Regulations (14                     part 71 continues to read as follows:                 enhanced productivity. If we propose


                                                  VerDate Sep<11>2014   16:36 Feb 09, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\10FEP1.SGM   10FEP1


                                                       7042                Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Proposed Rules

                                                       specific revisions to our regulations, we               What is the purpose of this ANPRM?                        Ticket to Work program to incorporate
                                                       will publish a notice of proposed                         The purpose of this ANPRM is to                         the most successful models.
                                                       rulemaking (NPRM) in the Federal                        solicit ideas for improving the Ticket to                    Since the last change in the Ticket to
                                                       Register.                                               Work program. We are considering                          Work rules, there has been increased
                                                                                                               whether and how we might update the                       research in the fields of financial
                                                       DATES:   To ensure that we consider your                                                                          literacy, behavioral economics, and
                                                       comments, we must receive them by no                    Ticket to Work program rules to help
                                                                                                               both our beneficiaries and the providers                  psychology. This could inform us on
                                                       later than April 11, 2016.                                                                                        how to improve Ticket to Work program
                                                                                                               that serve our beneficiaries in the
                                                       ADDRESSES: You may submit comments                      program. The Ticket to Work program                       outcomes. For example, research shows
                                                       by Internet, fax, or mail. Do not submit                rules are contained in 20 CFR part 411.                   that the way information is presented
                                                       the same comments multiple times or by                  We last updated the program rules on                      influences the decisions an individual
                                                       more than one method. Regardless of                     May 20, 2008. Through this ANPRM, we                      makes. Therefore, it is essential to
                                                       which method you choose, please state                   are requesting comments and                               present information clearly and
                                                       that your comments refer to Docket No.                  suggestions from the public on what we                    effectively, particularly for decisions
                                                       SSA–2015–0025 so that we may                            might include in new Ticket to Work                       that are complex or have long-term
                                                       associate your comments with this                       program rules.                                            consequences. Beneficiaries in the
                                                       ANPRM.                                                                                                            Ticket to Work program face complex
                                                          Caution: You should be careful to                    Why are we considering new Ticket to                      decisions regarding employment and
                                                       include in your comments only                           Work program rules?                                       benefits options. We are seeking your
                                                       information you wish to make publicly                      According to the Bureau of Labor                       suggestions on effective ways to present
                                                       available. We strongly urge you not to                  Statistics’ (BLS) Current Population                      information to beneficiaries to improve
                                                       include in your comments any personal                   Survey (http://www.bls.gov/                               participation and outcomes in the
                                                       information, such as Social Security                    news.release/empsit.t06.htm), the July                    Ticket to Work program.
                                                       numbers or medical information.                         2015 unemployment rate for individuals                       Further, beneficiaries may need other
                                                                                                               with a disability 1 was 10.4 percent,                     supports to manage their finances and
                                                          1. Internet: We strongly recommend
                                                                                                               compared to 5.4 percent for people                        benefits. In our preliminary research, we
                                                       this method for submitting your
                                                                                                               without disability. This number refers to                 noticed three areas of possible interest
                                                       comments. Visit the Federal                                                                                       to beneficiaries in the program: (1)
                                                       eRulemaking portal at http://                           those who were actively seeking a job,
                                                                                                               and were willing, able and available to                   Financial education and counseling, (2)
                                                       www.regulations.gov. Use the Web                                                                                  access to financial services and
                                                       page’s Search function to find docket                   work, but unable to find a job in the
                                                                                                               month prior to the survey. The July                       products, and (3) asset building. We
                                                       number SSA–2015–0025. Once you                                                                                    request comments on how the Ticket to
                                                       submit your comment, the system will                    2015 employment-population ratio,
                                                                                                               which measures the percent of people in                   Work program might assist beneficiaries
                                                       issue you a tracking number to confirm                                                                            in understanding the options for
                                                       your submission. You will not be able                   a given population who are working,
                                                                                                               was 17.7 percent for persons with a                       increasing their earnings and achieving/
                                                       to view your comment immediately                                                                                  sustaining greater financial
                                                       because we post each comment                            disability, versus 65.3 percent for those
                                                                                                               without a disability.                                     independence, and whether financial
                                                       manually. It may take up to a week for                                                                            education, financial services, and asset
                                                       your comment to appear.                                    Employment programs that assist
                                                                                                               people with finding jobs may focus on                     building are necessary to foster work
                                                          2. Fax: Fax comments to (410) 966–                   either short-term or long-term goals. For                 outcomes that are likely to lead to exit
                                                       2830.                                                   example, the Individual Placement and                     from the disability rolls.
                                                          3. Mail: Address your comments to                    Support (IPS) model emphasizes rapid                         We also welcome your ideas on
                                                       the Office of Regulations and Reports                   job search and placement. Other models                    fostering program success for and with
                                                       Clearance, Social Security                              focus on equipping people with the                        employment networks (ENs), which are
                                                       Administration, 3100 West High Rise                     education, skills, and supports that are                  the approved service providers for the
                                                       Building, 6401 Security Boulevard,                      building blocks of sustainable success in                 program. Beneficiaries may obtain
                                                       Baltimore, Maryland 21235–6401.                         the labor market. We seek comments on                     assistance from ENs in locating,
                                                          Comments are available for public                    the effectiveness of different                            retaining, and advancing in jobs/careers.
                                                       viewing on the Federal eRulemaking                      employment support models and on                          We want your input on how we can
                                                       portal at http://www.regulations.gov or                 how we can change the structure of the                    remove service barriers for and increase
                                                       in person, during regular business                                                                                the effectiveness of ENs, and which
                                                       hours, by arranging with the contact                       1 The BLS uses a different definition of               services the ENs might provide to help
                                                       person identified below.                                ‘‘disability’’ than we do. The BLS defines a person       beneficiaries to secure employment and
                                                                                                               with disability as someone with at least one of the       increase their earnings. In particular, we
                                                       FOR FURTHER INFORMATION CONTACT:                        following conditions: Is deaf or has serious
                                                                                                               difficulty hearing; is blind or has serious difficulty
                                                                                                                                                                         welcome comments and actual
                                                       Mark Green, Deputy Director, Office of                                                                            examples of how ENs can best assist
                                                                                                               seeing even when wearing glasses; has serious
                                                       Beneficiary Outreach and Employment                     difficulty concentrating, remembering, or making          individuals—in concert with employers,
                                                       Support, Office of Research,                            decisions because of a physical, mental, or               VR agencies, public work force systems,
                                                       Demonstration and Employment                            emotional condition; has serious difficulty walking
                                                                                                                                                                         WIPAs and other entities—to achieve
                                                       Support, Social Security                                or climbing stairs; has difficulty dressing or bathing;
                                                                                                                                                                         and sustain our beneficiaries’
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                                                                                                               or has difficulty doing errands alone such as
                                                       Administration, 6401 Security                           visiting a doctor’s office or shopping because of a       employment success.
                                                       Boulevard, Baltimore, MD 21235–6401,                    physical, mental, or emotional condition. Sections           Under the current program rules, the
                                                       (410) 965–9852. For information on                      223(d)(1)(A) and 1614(a)(3)(A) of the Social
                                                                                                                                                                         amount of our payments to ENs remains
                                                       eligibility or filing for benefits, call our            Security Act, 42 U.S.C. 423(d)(1)(A), 1382c(a)(3)(A),
                                                                                                               define ‘‘disability’’ as the inability to engage in any   the same as long as a beneficiary meets
                                                       national toll-free number, 1–800–772–                   substantial gainful activity by reason of any             our earnings requirements. We do not
                                                       1213 or TTY 1–800–325–0778, or visit                    medically determinable physical or mental                 increase EN payments when a
                                                       our Internet site, Social Security Online,              impairment. The impairment must be one that can
                                                                                                                                                                         beneficiary earns more than the
                                                       at http://www.socialsecurity.gov.                       be expected to result in death or that has lasted or
                                                                                                               can be expected to last for a continuous 12-month         substantial gainful activity (SGA) level
                                                       SUPPLEMENTARY INFORMATION:                              period.                                                   for sustained periods. (SGA describes a


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                                                                           Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Proposed Rules                                           7043

                                                       level of work activity and earnings,                    name of the study, date of publication,               adjustments could we make without
                                                       which we use as one factor to determine                 and name(s) of the researcher(s) in your              increasing overall program costs?
                                                       disability. We ordinarily consider an                   response.                                                12. Should we adjust our payment
                                                       individual earning more than a certain                                                                        systems to provide even more EN
                                                                                                               Who should send us comments and                       payments than we currently do for
                                                       monthly amount, excluding
                                                                                                               suggestions?                                          helping a beneficiary secure and
                                                       impairment-related work expenses, as
                                                       engaging in SGA.) For 2015, earnings of                   We invite comments and suggestions                  maintain part-time employment below
                                                       more than $1,090 per month for non-                     from the following individuals and                    the SGA level? If so, how might such a
                                                       blind individuals or $1,820 per month                   groups: Current and former                            payment differ from the EN payments
                                                       for blind individuals indicate SGA. We                  beneficiaries, State Agencies                         for a beneficiary earning at or above the
                                                       invite your comments on whether we                      (particularly State Vocational Agencies               SGA level?
                                                       should structure the payment system to                  and Job Development Programs),                           13. The blanket purchase agreement
                                                       provide ENs with increased payments                     advocates, current and former                         we award to contractors to serve as ENs
                                                       for helping beneficiaries locate and keep               employment networks, and interested                   outlines their requirements to provide
                                                       higher paying jobs.                                     members of the public.                                ongoing support services to
                                                          In general, with regard to removing                                                                        beneficiaries. How should we define
                                                       service barriers for the ENs or changing                What should you comment about?
                                                                                                                                                                     ‘‘ongoing support services’’ for the ENs?
                                                       the payment structure, we seek                             We are interested in any comments                  What ongoing services are necessary to
                                                       comments on how to foster a robust                      and suggestions on ways to improve the                support beneficiaries in jobs above SGA
                                                       market of employment support services                   Ticket to Work program. For example:                  levels for sustained periods?
                                                       for our beneficiaries.                                     1. Overall, how can we support the                    14. Under the program, State VR
                                                          We are committed to identifying                      employment goals of social security                   agencies participate either as ENs or
                                                       strategies that help people find and                    beneficiaries through the Ticket to Work              under the cost reimbursement payment
                                                       maintain employment and improve                         program?                                              system (20 CFR 411.355) applicable to
                                                       their economic status. Any changes we                      2. How could we structure and                      them. Should State VR agencies
                                                       make to the Ticket to Work program                      present information to increase                       participating as ENs offer the same
                                                       should be based on strong research and                  participation in and effectiveness of the             services and have the same
                                                       effective practices that are evidence-                  program?                                              responsibilities as other ENs? If not,
                                                       based and data-driven. By adapting                         3. What employment support models                  what services and supports should State
                                                       these practices to the Ticket to Work                   are likely to be most effective in                    VR agencies participating as ENs
                                                       program, we hope to improve the long-                   achieving the intent and goals of the                 provide?
                                                       term employment and economic                            program?                                                 15. In measuring EN performance, we
                                                       prospects of our beneficiaries. If we                      4. What incentives could we offer to               consider factors such as:
                                                       propose specific revisions, we will                     help ensure ENs are financially and                      • Completing employment support
                                                       publish a notice of proposed rulemaking                 organizationally viable?                              services as planned;
                                                       in the Federal Register.                                   5. What incentives could we offer ENs                 • the percentage of Ticket to Work
                                                                                                               for collaborating effectively with                    clients who were placed in a job within
                                                       On which rules are we inviting                          employers, VR agencies, public work
                                                       comments and suggestions?                                                                                     9–12 months;
                                                                                                               force systems, WIPAs and other entities                  • the percentage of clients who
                                                          We are interested in any comments                    assisting our disability beneficiaries?               retained their jobs for significant
                                                       and suggestions you have on whether                        6. How could the program encourage                 periods; and
                                                       and how we should revise our Ticket to                  youth with disabilities to pursue                        • the percentage of clients who
                                                       Work rules found in 20 CFR part 411.                    apprenticeships, career development                   progressed to long-term earnings above
                                                       You can find the current rules for the                  programs, post-secondary education,                   SGA.
                                                       Ticket to Work and Self-Sufficiency                     and other work-related opportunities in                  Are these appropriate measures and,
                                                       Program on the Internet at: http://                     a manner similar to their peers without               if not, what measures should we use?
                                                       www.gpo.gov/fdsys/pkg/CFR-2009-                         disabilities?                                            16. What are some barriers that ENs
                                                       title20-vol2/pdf/CFR-2009-title20-vol2-                    7. How could ENs become integral to                face? How might we adjust our rules to
                                                       part411.pdf.                                            transition planning with youth who                    help ENs succeed at providing the
                                                          We issued initial Ticket to Work                     have disabilities, their families, and                services and support beneficiaries need
                                                       program rules on December 28, 2001 (66                  local schools?                                        to find and maintain employment?
                                                       FR 67370). Based on our experience                         8. Would offering beneficiaries
                                                       administering the program, we                           financial education and planning                      Will we respond to your comments
                                                       published amendments to those rules on                  services be appropriate for the program?              from this notice?
                                                       May 20, 2008 (73 FR 29324). The                         If so, how could we accomplish this                     We will consider all comments and
                                                       revised rules simplified the program                    through changes to the program                        suggestions we receive. However, we
                                                       and made it more attractive to                          regulations?                                          will not respond directly to the
                                                       beneficiaries and potential service                        9. What service barriers or                        comments you send in response to this
                                                       providers. In our ongoing effort to                     administrative complexities do ENs face               ANPRM.
                                                       improve employment outcomes for                         that inhibit their ability to serve our
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                                                       beneficiaries, we are inviting your                     beneficiaries?                                        What will we consider when we decide
                                                       comments on whether and how we                             10. How might we encourage more                    whether to propose revisions?
                                                       should revise the rules again.                          organizations that can provide                          When we decide whether to propose
                                                          We would like your comments on the                   appropriate services to our beneficiaries             revisions to our rules for the program,
                                                       program rules and your thoughts on our                  to participate as ENs?                                we will consider:
                                                       specific questions below. If you know of                   11. Should we adjust our payment                     • All comments and suggestions we
                                                       research studies supporting your                        systems to increase EN payments when                  receive in response to this notice, and
                                                       recommendations, please attach the                      a beneficiary earns more than the SGA                   • Our own experience working with
                                                       study to your comments or provide the                   level for sustained periods? If so, what              the program.


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                                                       7044                Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Proposed Rules

                                                         If we decide to propose specific                      rulemaking, call or email Lieutenant                  IV. Regulatory Analyses
                                                       revisions, we will publish a Notice of                  John Downing, Sector Charleston Office                  We developed this proposed rule after
                                                       Proposed Rulemaking in the Federal                      of Waterways Management, Coast                        considering numerous statutes and
                                                       Register, and you will have an                          Guard; telephone (843) 740–3184, email                executive orders related to rulemaking.
                                                       opportunity to comment on the                           John.Z.Downing@uscg.mil.                              Below we summarize our analyses
                                                       revisions we propose.                                                                                         based on a number of these statutes and
                                                                                                               SUPPLEMENTARY INFORMATION:
                                                       List of Subjects in 20 CFR Part 411                                                                           executive orders.
                                                                                                               I. Table of Abbreviations
                                                         Administrative practice and                                                                                 A. Regulatory Planning and Review
                                                       procedure, Blind, Disability benefits,                  CFR Code of Federal Regulations
                                                                                                               DHS Department of Homeland Security                      E.O.s 12866 and 13563 direct agencies
                                                       Public assistance programs, Reporting
                                                                                                               E.O. Executive order                                  to assess the costs and benefits of
                                                       and recordkeeping requirements, Social
                                                                                                               FR Federal Register                                   available regulatory alternatives and, if
                                                       security, Supplemental Security Income
                                                                                                               NPRM Notice of proposed rulemaking                    regulation is necessary, to select
                                                       (SSI), Vocational rehabilitation.
                                                                                                               Pub. L. Public Law                                    regulatory approaches that maximize
                                                       Carolyn W. Colvin,                                      § Section                                             net benefits. E.O.13563 emphasizes the
                                                       Acting Commissioner of Social Security.                 U.S.C. United States Code                             importance of quantifying both costs
                                                       [FR Doc. 2016–02657 Filed 2–9–16; 8:45 am]              COTP Captain of the Port                              and benefits, of reducing costs, of
                                                       BILLING CODE 4191–02–P                                                                                        harmonizing rules, and of promoting
                                                                                                               II. Background, Purpose, and Legal                    flexibility. This NPRM has not been
                                                                                                               Basis                                                 designated a ‘‘significant regulatory
                                                       DEPARTMENT OF HOMELAND                                                                                        action,’’ under E.O. 12866. Accordingly,
                                                                                                                 On December 27, 2015, the Bucksport
                                                       SECURITY                                                                                                      the NPRM has not been reviewed by the
                                                                                                               Marina notified the Coast Guard that it
                                                                                                                                                                     Office of Management and Budget.
                                                                                                               will be sponsoring a series of drag boat
                                                       Coast Guard                                                                                                      This proposed rule is not a significant
                                                                                                               races from 1 p.m. to 7 p.m. on June 4
                                                                                                                                                                     regulatory action under section 3(f) of
                                                                                                               and June 5, 2016. The legal basis for the
                                                       33 CFR Part 100                                                                                               Executive Order 12866, Regulatory
                                                                                                               proposed rule is the Coast Guard’s
                                                                                                                                                                     Planning and Review, as supplemented
                                                       [Docket Number USCG–2016–0009]                          Authority to establish special local
                                                                                                                                                                     by Executive Order 13563, Improving
                                                                                                               regulations: 33 U.S.C. 1233. The
                                                       RIN 1625–AA08                                                                                                 Regulation and Regulatory Review, and
                                                                                                               purpose of the proposed rule is to                    does not require an assessment of
                                                       Special Local Regulation; Bucksport/                    ensure safety of life on the navigable                potential costs and benefits under
                                                       Lake Murray Drag Boat Spring                            water of the United States during the                 section 6(a)(3) of Executive Order 12866
                                                       Nationals, Atlantic Intracoastal                        Bucksport/Lake Murray Drag Boat                       or under section 1 of Executive Order
                                                       Waterway; Bucksport, SC                                 Spring Nationals, a series of high speed              13563. The Office of Management and
                                                                                                               boat races.                                           Budget has not reviewed it under those
                                                       AGENCY:   Coast Guard, DHS.
                                                                                                               III. Discussion of Proposed Rule                      Orders.
                                                       ACTION:   Notice of proposed rulemaking.
                                                                                                                                                                        The economic impact of this proposed
                                                       SUMMARY:   The Coast Guard proposes to                     The Coast Guard proposes to establish              rule is not significant for the following
                                                       establish a special local regulation on                 a special local regulation on the Atlantic            reasons: (1) The special local regulation
                                                       the Atlantic Intracoastal Waterway in                   Intracoastal Waterway in Bucksport,                   would be enforced for only six hours a
                                                       Bucksport, South Carolina during the                    South Carolina during the Bucksport/                  day over a two-day period; (2) although
                                                       Bucksport/Lake Murray Drag Boat                         Lake Murray Drag Boat Spring                          persons and vessels would not be able
                                                       Spring Nationals, on June 4 and June 5,                 Nationals, on June 4 and June 5, 2016.                to enter, transit through, anchor in, or
                                                       2016. This special local regulation is                  Approximately 50 powerboats are                       remain within the regulated area
                                                       necessary to ensure the safety of                       anticipated to participate in the races               without authorization from the Captain
                                                       participants, spectators, and the general               and approximately 35 spectator vessels                of the Port Charleston or a designated
                                                       public during the event. This proposed                  are expected to attend the event.                     representative, they would be able to
                                                       rulemaking would prohibit persons and                   Persons and vessels desiring to enter,                operate in the surrounding area during
                                                       vessels from being in the regulated area                transit through, anchor in, or remain                 the enforcement periods; (3) persons
                                                       unless authorized by the Captain of the                 within the regulated area may contact                 and vessels would still be able to enter,
                                                       Port Charleston or a designated                         the Captain of the Port Charleston by                 transit through, anchor in, or remain
                                                       representative.                                         telephone at (843) 740–7050, or a                     within the regulated area if authorized
                                                                                                               designated representative via VHF radio               by the Captain of the Port Charleston or
                                                       DATES: Comments and related material
                                                                                                               on channel 16, to request authorization.              a designated representative; and (4) the
                                                       must be received by the Coast Guard on                  If authorization to enter, transit through,           Coast Guard would provide advance
                                                       or before March 11, 2016.                               anchor in, or remain within the                       notification of the regulated area to the
                                                       ADDRESSES: You may submit comments                      regulated area is granted by the Captain              local maritime community by Local
                                                       identified by docket number USCG–                       of the Port Charleston or a designated                Notice to Mariners and Broadcast Notice
                                                       2016–0009 using the Federal                             representative, all persons and vessels
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                                                                                                                                                                     to Mariners.
                                                       eRulemaking Portal at http://                           receiving such authorization must
                                                       www.regulations.gov. See the ‘‘Public                   comply with the instructions of the                   B. Impact on Small Entities
                                                       Participation and Request for                           Captain of the Port Charleston or a                      The Regulatory Flexibility Act of
                                                       Comments’’ portion of the                               designated representative. The Coast                  1980, (5 U.S.C. 601–612), as amended
                                                       SUPPLEMENTARY INFORMATION section for                   Guard will provide notice of the special              requires Federal agencies to consider
                                                       further instructions on submitting                      local regulation by Local Notice to                   the potential impact of regulations on
                                                       comments.                                               Mariners, Broadcast Notice to Mariners,               ‘‘small entities’’ comprises small
                                                       FOR FURTHER INFORMATION CONTACT: If                     and on-scene designated                               businesses, not-for-profit organizations
                                                       you have questions about this proposed                  representatives.                                      that are independently owned and


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Document Created: 2016-02-10 00:19:43
Document Modified: 2016-02-10 00:19:43
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
ActionAdvance notice of proposed rulemaking (ANPRM).
DatesTo ensure that we consider your comments, we must receive them by no later than April 11, 2016.
ContactMark Green, Deputy Director, Office of Beneficiary Outreach and Employment Support, Office of Research, Demonstration and Employment Support, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-9852. 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 7041 
RIN Number0960-AH50
CFR AssociatedAdministrative Practice and Procedure; Blind; Disability Benefits; Public Assistance Programs; Reporting and Recordkeeping Requirements; Social Security; Supplemental Security Income (ssi) and Vocational Rehabilitation

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