82 FR 12485 - Rescission of Social Security Ruling 87-6; Policy Interpretation Ruling; Titles II and XVI: The Role of Prescribed Treatment in the Evaluation of Epilepsy
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 82, Issue 41 (March 3, 2017)
Federal Register Volume 82, Issue 41 (March 3, 2017)
| Page Range | 12485-12486 | |
| FR Document | 2017-04122 |
[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)] [Notices] [Pages 12485-12486] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04122] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION [Docket No. SSA-2006-0140] Rescission of Social Security Ruling 87-6; Policy Interpretation Ruling; Titles II and XVI: The Role of Prescribed Treatment in the Evaluation of Epilepsy AGENCY: Social Security Administration. ACTION: Notice of rescission of Social Security Ruling. ----------------------------------------------------------------------- SUMMARY: In accordance with 20 CFR 402.35(b)(1), the Acting Commissioner of Social Security gives notice of the rescission of Social Security Ruling (SSR) 87-6. DATES: This rescission is effective March 3, 2017. FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1020. 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: Through SSRs, we make available to the public precedential decisions relating to the Federal old-age, survivors, disability, supplemental security income, and special veterans benefits programs. We may base SSRs on determinations or decisions made at all levels of administrative adjudication, Federal court decisions, Commissioner's decisions, opinions of the Office of the General Counsel, and other interpretations of the law and regulations. [[Page 12486]] Under our prior listings 11.02 and 11.03, and SSR 87-6, we evaluated epilepsy according to the type, frequency, duration, and sequelae of seizures.\1\ If the claimant was following prescribed treatment and his or her epilepsy did not meet or medically equal the requirements of the listings, we would assess his or her residual functional capacity and evaluate the claimant's impairments under the remaining steps of the sequential evaluation process. --------------------------------------------------------------------------- \1\ 20 CFR part 404, subpart P, app. 1, Sec. 11.00A (2016). --------------------------------------------------------------------------- SSR 87-6 provided guidance to adjudicators on the role of prescribed treatment in the evaluation of epilepsy. The SSR stated the file must contain adequate information regarding the history of the treatment regimen and the claimant's response to it, and a satisfactory description of the treatment regimen by the treating physician. The SSR also required a record of anticonvulsant blood levels before we could allow a claim. Under SSR 87-6, without an ongoing treating relationship, we could not find the claimant's impairment to meet or medically equal the listing for epilepsy. When anticonvulsant blood levels were low, information obtained from the treating physician should explain why the levels were low and include the results of any relevant diagnostic studies. On July 1, 2016, we published in the Federal Register a final rule, Revised Medical Criteria for Evaluating Neurological Disorders, in which we incorporated the portions of SSR 87-6 that continue to be relevant to the treatment of epilepsy. 81 FR 43048, 43049 (2016). The final rule became effective September 29, 2016. Id., at 43048. Consequently, we are rescinding SSR 87-6 as obsolete. (Catalog of Federal Domestic Assistance Programs Nos. 96.001, Social Security--Disability Insurance; 96.002, Social Security--Retirement Insurance; 96.004, Social Security--Survivors Insurance; 96.006-- Supplemental Security Income) Dated: February 28, 2017. Nancy A. Berryhill, Acting Commissioner of Social Security. [FR Doc. 2017-04122 Filed 3-2-17; 8:45 am] BILLING CODE 4191-02-P
![Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices 12485
include cash under the limited Funds, and/or any broker or dealer interest and the protection of investors.
circumstances specified in the registered under the Exchange Act, to Section 17(b) of the Act authorizes the
application, purchasers will be required sell shares to Funds of Funds beyond Commission to grant an order
to purchase Creation Units by the limits of section 12(d)(1)(B) of the permitting a transaction otherwise
depositing specified instruments Act. The application’s terms and prohibited by section 17(a) if it finds
(‘‘Deposit Instruments’’), and conditions are designed to, among other that (a) the terms of the proposed
shareholders redeeming their shares things, help prevent any potential (i) transaction are fair and reasonable and
will receive specified instruments undue influence over a Fund through do not involve overreaching on the part
(‘‘Redemption Instruments’’). The control or voting power, or in of any person concerned; (b) the
Deposit Instruments and the connection with certain services, proposed transaction is consistent with
Redemption Instruments will each transactions, and underwritings, (ii) the policies of each registered
correspond pro rata to the positions in excessive layering of fees, and (iii) investment company involved; and (c)
the Fund’s portfolio (including cash overly complex fund structures, which the proposed transaction is consistent
positions) except as specified in the are the concerns underlying the limits with the general purposes of the Act.
application. in sections 12(d)(1)(A) and (B) of the For the Commission, by the Division of
4. Because shares will not be Act. Investment Management, under delegated
individually redeemable, applicants 8. Applicants request an exemption authority.
request an exemption from section from sections 17(a)(1) and 17(a)(2) of the Eduardo A. Aleman,
5(a)(1) and section 2(a)(32) of the Act Act to permit persons that are Affiliated Assistant Secretary.
that would permit the Funds to register Persons, or Second Tier Affiliates, of the [FR Doc. 2017–04091 Filed 3–2–17; 8:45 am]
as open-end management investment Funds, solely by virtue of certain
BILLING CODE 8011–01–P
companies and issue shares that are ownership interests, to effectuate
redeemable in Creation Units only. purchases and redemptions in-kind. The
5. Applicants also request an deposit procedures for in-kind
exemption from section 22(d) of the Act purchases of Creation Units and the SOCIAL SECURITY ADMINISTRATION
and rule 22c–1 under the Act as redemption procedures for in-kind [Docket No. SSA–2006–0140]
secondary market trading in shares will redemptions of Creation Units will be
take place at negotiated prices, not at a the same for all purchases and Rescission of Social Security Ruling
current offering price described in a redemptions and Deposit Instruments 87–6; Policy Interpretation Ruling;
Fund’s prospectus, and not at a price and Redemption Instruments will be Titles II and XVI: The Role of
based on NAV. Applicants state that (a) valued in the same manner as those Prescribed Treatment in the Evaluation
secondary market trading in shares does investment positions currently held by of Epilepsy
not involve a Fund as a party and will the Funds. Applicants also seek relief AGENCY: Social Security Administration.
not result in dilution of an investment from the prohibitions on affiliated
in shares, and (b) to the extent different transactions in section 17(a) to permit a ACTION: Notice of rescission of Social
prices exist during a given trading day, Fund to sell its shares to and redeem its Security Ruling.
or from day to day, such variances occur shares from a Fund of Funds, and to SUMMARY: In accordance with 20 CFR
as a result of third-party market forces, engage in the accompanying in-kind 402.35(b)(1), the Acting Commissioner
such as supply and demand. Therefore, transactions with the Fund of Funds.3 of Social Security gives notice of the
applicants assert that secondary market The purchase of Creation Units by a rescission of Social Security Ruling
transactions in shares will not lead to Fund of Funds directly from a Fund will (SSR) 87–6.
discrimination or preferential treatment be accomplished in accordance with the DATES: This rescission is effective March
among purchasers. Finally, applicants policies of the Fund of Funds and will 3, 2017.
represent that share market prices will be based on the NAVs of the Funds. FOR FURTHER INFORMATION CONTACT:
be disciplined by arbitrage 9. Section 6(c) of the Act permits the
Cheryl A. Williams, Office of Disability
opportunities, which should prevent Commission to exempt any persons or
Policy, Social Security Administration,
shares from trading at a material transactions from any provision of the
6401 Security Boulevard, Baltimore,
discount or premium from NAV. Act if such exemption is necessary or
6. With respect to Funds that effect Maryland 21235–6401, (410) 965–1020.
appropriate in the public interest and
creations and redemptions of Creation For information on eligibility or filing
consistent with the protection of
Units in kind and that are based on for benefits, call our national toll-free
investors and the purposes fairly
certain Underlying Indexes that include number 1–800–772–1213, or TTY 1–
intended by the policy and provisions of
foreign securities, applicants request 800–325–0778, or visit our Internet site,
the Act. Section 12(d)(1)(J) of the Act
relief from the requirement imposed by Social Security Online, at http://
provides that the Commission may
section 22(e) in order to allow such exempt any person, security, or www.socialsecurity.gov.
Funds to pay redemption proceeds transaction, or any class or classes of SUPPLEMENTARY INFORMATION: Through
within fifteen calendar days following persons, securities, or transactions, from SSRs, we make available to the public
the tender of Creation Units for any provision of section 12(d)(1) if the precedential decisions relating to the
redemption. Applicants assert that the exemption is consistent with the public Federal old-age, survivors, disability,
requested relief would not be supplemental security income, and
inconsistent with the spirit and intent of 3 The requested relief would apply to direct sales special veterans benefits programs. We
section 22(e) to prevent unreasonable, of shares in Creation Units by a Fund to a Fund of may base SSRs on determinations or
mstockstill on DSK3G9T082PROD with NOTICES
Funds and redemptions of those shares. Applicants,
undisclosed or unforeseen delays in the moreover, are not seeking relief from section 17(a)
decisions made at all levels of
actual payment of redemption proceeds. for, and the requested relief will not apply to, administrative adjudication, Federal
7. Applicants request an exemption to transactions where a Fund could be deemed an court decisions, Commissioner’s
permit Funds of Funds to acquire Fund Affiliated Person, or a Second-Tier Affiliate, of a decisions, opinions of the Office of the
Fund of Funds because an Adviser or an entity
shares beyond the limits of section controlling, controlled by or under common control
General Counsel, and other
12(d)(1)(A) of the Act; and the Funds, with an Adviser provides investment advisory interpretations of the law and
and any principal underwriter for the services to that Fund of Funds. regulations.
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![12486 Federal Register / Vol. 82, No. 41 / Friday, March 3, 2017 / Notices
Under our prior listings 11.02 and DEPARTMENT OF STATE extraordinary circumstances that require
11.03, and SSR 87–6, we evaluated shorter notice.
epilepsy according to the type, [Public Notice 9908] For further information, please
frequency, duration, and sequelae of contact: Lieutenant Commander
seizures.1 If the claimant was following Advisory Committee on Historical Jonathan W. Burby, Executive Secretary,
prescribed treatment and his or her Diplomatic Documentation—Notice of Shipping Coordinating Committee, U.S.
epilepsy did not meet or medically Cancellation of Previously Scheduled Department of State, Office of Ocean
equal the requirements of the listings, Open Meeting for 2017 and Polar Affairs, at burbyjw@state.gov
or by telephone at 202–647–3946. A
we would assess his or her residual Summary: The meeting of the copy of the Committee charter may also
functional capacity and evaluate the Advisory Committee on Historical be obtained by accessing the FACA
claimant’s impairments under the Diplomatic Documentation originally database maintained by the General
remaining steps of the sequential scheduled for March 6 and 7, 2017, in Services Administration: http://
evaluation process. Washington, DC at the State facadatabase.gov/.
SSR 87–6 provided guidance to Department, 2300 E Street NW., has
been canceled. It is expected that the Jonathan W. Burby,
adjudicators on the role of prescribed
next Historical Advisory Committee Executive Secretary, Shipping Coordinating
treatment in the evaluation of epilepsy. Committee, Department of State.
(HAC) meeting will be held at the State
The SSR stated the file must contain
Department in May. [FR Doc. 2017–04095 Filed 3–2–17; 8:45 am]
adequate information regarding the
Further questions can be directed to BILLING CODE 4710–09–P
history of the treatment regimen and the Julie Fort (FortJL@state.gov) Designated
claimant’s response to it, and a Federal Officer for the HAC.
satisfactory description of the treatment SURFACE TRANSPORTATION BOARD
regimen by the treating physician. The Julie L. Fort,
SSR also required a record of Designated Federal Officer, Advisory [Docket No. EP 558 (Sub-No. 20)]
anticonvulsant blood levels before we Committee on Historical Diplomatic
Documentation. Railroad Cost of Capital—2016
could allow a claim. Under SSR 87–6,
without an ongoing treating [FR Doc. 2017–04094 Filed 3–2–17; 8:45 am] AGENCY: Surface Transportation Board.
relationship, we could not find the BILLING CODE 4710–11–P
ACTION: Notice of decision instituting a
claimant’s impairment to meet or proceeding to determine the railroad
medically equal the listing for epilepsy. industry’s 2016 cost of capital.
DEPARTMENT OF STATE
When anticonvulsant blood levels were
SUMMARY: The Board is instituting a
low, information obtained from the [Public Notice 9907] proceeding to determine the railroad
treating physician should explain why industry’s cost of capital for 2016. The
the levels were low and include the Shipping Coordinating Committee decision solicits comments on the
results of any relevant diagnostic Notice of Renewal of Charter following issues: The railroads’ 2016
studies. current cost of debt capital; the
Summary: The Department of State
On July 1, 2016, we published in the has renewed the Charter for the railroads’ 2016 current cost of preferred
Federal Register a final rule, Revised Shipping Coordinating Committee equity capital (if any); the railroads’
Medical Criteria for Evaluating (SHC) without significant substantive 2016 cost of common equity capital; and
Neurological Disorders, in which we change. Through this Committee, the the 2016 capital structure mix of the
incorporated the portions of SSR 87–6 Department of State will continue to railroad industry on a market value
that continue to be relevant to the obtain the views and advice of the basis. Comments should focus on the
treatment of epilepsy. 81 FR 43048, general public, industry, non- various cost of capital components
43049 (2016). The final rule became governmental organizations, and listed above using the same
effective September 29, 2016. Id., at interested government agencies in the methodology followed in Railroad Cost
43048. Consequently, we are rescinding maritime and related fields, on issues of Capital—2015, EP 558 (Sub-No. 19)
SSR 87–6 as obsolete. related to maritime security, safety of (STB served Aug. 5, 2016).
life at sea, and protection of the marine DATES: Notices of intent to participate
(Catalog of Federal Domestic Assistance are due by March 30, 2017. Statements
environment considered by the
Programs Nos. 96.001, Social Security— of the railroads are due by April 20,
International Maritime Organization
Disability Insurance; 96.002, Social 2017. Statements of other interested
(IMO), and other matters relating to
Security—Retirement Insurance; 96.004, persons are due by May 11, 2017.
international maritime shipping. The
Social Security—Survivors Insurance;
Under Secretary for Management has Rebuttal statements by the railroads are
96.006—Supplemental Security Income)
determined the Committee is necessary due by June 1, 2017.
Dated: February 28, 2017. and in the public interest. ADDRESSES: Comments may be
Nancy A. Berryhill, The Committee follows the submitted either via the Board’s e-filing
Acting Commissioner of Social Security. procedures prescribed by the Federal system or in the traditional paper
[FR Doc. 2017–04122 Filed 3–2–17; 8:45 am] Advisory Committee Act (FACA). format. Any person using e-filing should
Meetings will be open to the public comply with the instructions at the E–
BILLING CODE 4191–02–P
unless a determination is made in FILING link on the Board’s Web site, at
mstockstill on DSK3G9T082PROD with NOTICES
accordance with section 10(d) of the http://www.stb.gov. Any person
FACA and 5 U.S.C. 552b(c) that a submitting a filing in the traditional
meeting or portion of the meeting paper format should send an original
should be closed to the public. Notice and 10 copies to: Surface Transportation
of each meeting will be published in the Board, Attn: Docket No. EP 558 (Sub-
1 20 CFR part 404, subpart P, app. 1, § 11.00A Federal Register at least 15 days prior No. 20), 395 E Street SW., Washington,
(2016). to the meeting, unless there are DC 20423–0001.
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Document Created: 2018-02-01 14:45:45
Document Modified: 2018-02-01 14:45:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of rescission of Social Security Ruling. | |
| Dates | This rescission is effective March 3, 2017. | |
| Contact | Cheryl A. Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1020. For information on eligibility or filing for benefits, call our national toll-free number 1-800-772-1213, or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at http:// www.socialsecurity.gov. | |
| FR Citation | 82 FR 12485 |
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