82 FR 18335 - Agency Information Collection Activities: Proposed Request and Comment Request
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 82, Issue 73 (April 18, 2017)
Federal Register Volume 82, Issue 73 (April 18, 2017)
| Page Range | 18335-18340 | |
| FR Document | 2017-07796 |
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)] [Notices] [Pages 18335-18340] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07796] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION [Docket No: SSA-2017-0019] Agency Information Collection Activities: Proposed Request and Comment Request The Social Security Administration (SSA) publishes a list of information collection packages requiring clearance by the Office of Management and Budget (OMB) in compliance with Public Law 104-13, the Paperwork Reduction Act of 1995, effective October 1, 1995. This notice includes revisions of OMB-approved information collections. SSA is soliciting comments on the accuracy of the agency's burden estimate; the need for the information; its practical utility; ways to enhance its quality, utility, and clarity; and ways to minimize burden on respondents, including the use of automated collection techniques or other forms of information technology. Mail, email, or fax your comments and recommendations on the information collection(s) to the OMB Desk Officer and SSA Reports Clearance Officer at the following addresses or fax numbers. (OMB), Office of Management and Budget, Attn: Desk Officer for SSA, Fax: 202-395-6974, Email address: [email protected]. (SSA), Social Security Administration, OLCA, Attn: Reports Clearance Director, 3100 West High Rise, 6401 Security Blvd., Baltimore, MD 21235, Fax: 410-966-2830, Email address: [email protected]. Or you may submit your comments online through www.regulations.gov, referencing Docket ID Number [SSA-2017- 0019]. I. The information collections below are pending at SSA. SSA will submit them to OMB within 60 days from the date of this notice. To be sure we consider your comments, we must receive them no later than June 19, 2017. Individuals can obtain copies of the collection instruments by writing to the above email address. 1. Promoting Opportunity Demonstration--0960-NEW. Section 823 of the Bipartisan Budget Act of 2015 requires SSA to carry out the Promoting Opportunity Demonstration (POD) to test a new benefit offset formula for Social Security Disability Insurance (SSDI) beneficiaries. Therefore, SSA is undertaking POD, a demonstration to evaluate the affect the new policy will have on SSDI beneficiaries and their families in several critical areas: (1) Employment, (2) benefits, (3) earnings, and (4) income (earnings plus benefits). Under current law, Social Security beneficiaries lose their SSDI benefit if they have earnings or work activity above the threshold of Substantial Gainful Activity (SGA). The POD evaluation will draw on previous lessons from related work incentive experiences, especially SSA's Benefit Offset National Demonstration (BOND), 0960-0785, which tested a different offset formula. POD tests a different policy than BOND in two important ways: (1) A lower threshold at which point the offset is applied-- increasing the likelihood of reducing benefit expenditures relative to current law expenditures; and (2) A more immediate adjustment to the benefits--to increase the salience and clarity of the offset policy for beneficiaries. The POD will test a benefit offset that will reduce benefits by $1 for every $2 in participants' earnings above the POD threshold, gradually reducing benefits as earnings increase. The POD threshold will equal the greater of (1) an inflation-adjusted trial work period level ($840 in 2017); or (2) the amount of the participant's itemized impairment-related work expenses up to SGA. The new rules we will test in POD also simplify work incentives and we intend them to promote employment and reduce dependency on benefits. The design for POD will include implementation and evaluation activities designed to answer seven central research questions:What are the impacts of the two POD benefit designs on beneficiaries' earnings, SSDI benefits, and total earnings and benefit income? Is POD attractive to beneficiaries? Do they remain engaged over time? How were the POD offset policies implemented, and what operational, [[Page 18336]] systemic, or contextual factors facilitated or posed challenges to administering the offset? How successful were POD and SSA in making timely benefit adjustments, and what factors affected timeliness positively or negatively? How do the impacts of the POD offset policies vary with beneficiary characteristics? What are the costs and benefits of the POD benefit designs relative to current law, and what are the implications for the SSDI trust fund? What are the implications of the POD findings for national policy proposals that would include a SSDI benefit offset? The public survey data collections have four components--a process analysis, a participation analysis, an impact analysis, and a cost- benefit analysis. The data collections are the primary source for data to measure the effects the benefit offset on SSDI beneficiaries' work efforts and earnings. Ultimately, these data will benefit researchers, policy analysts, policy makers, SSA, and the state vocational rehabilitation agencies in a wide range of program areas. There are four targeted outcomes for SSDI beneficiaries under POD: (1) Increased employment and earnings; (2) decreased benefits payments; (3) increased total income; and (4) impacts on other related outcomes (for example, health status and quality of life). Additionally, four outcomes of interest for system changes include: (1) Reduction in overpayments; (2) enhanced program integrity; (3) stronger culture of self-sufficiency; and (4) improved SSDI trust fund balance. Respondents are SSDI beneficiaries, who will provide written consent before agreeing to participate in the study and before we randomly assign them to one of the study treatment groups. Type of Request: Request for a new information collection. ---------------------------------------------------------------------------------------------------------------- Average burden Estimated Modality of completion Number of Frequency of Number of per response total annual respondents response responses (minutes) burden (hours) ---------------------------------------------------------------------------------------------------------------- Informed Consent Form........... 16,500 1 16,500 15 4,125 Baseline Survey................. 16,500 1 16,500 20 5,500 12-Month Follow Up Survey....... 6,000 1 6,000 30 3,000 24-Month Follow Up Survey....... 12,000 1 12,000 30 6,000 Interviews with Site Staff...... 40 4 160 66 176 Onsite Audit of Sample of Case 8 2 16 20 5 Files.......................... Semi-Structured Interviews with 144 1 144 60 144 Treatment Group Subjects....... Monthly Earnings and Impairment- 1,820 12 21,840 10 3,640 Related Expenses Reporting Form (paper)........................ Monthly Earnings and Impairment- 780 12 9,360 5 780 Related Expenses Reporting Form (Internet)..................... End of Year Reporting Form 945 1 945 15 236 (paper)........................ End of Year Reporting Form 405 1 405 10 68 (Internet)..................... rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Totals...................... 55,142 .............. 83,870 .............. 23,674 ---------------------------------------------------------------------------------------------------------------- 2. Statement Regarding Contributions--20 CFR 404.360-404.366 and 404.736--0960-0020. SSA uses the SSA-783 to collect information regarding a child's current sources of support when determining the child's entitlement to Social Security benefits. We request this information from adults acting on behalf of the child claimants who can provide SSA with any sources of support or substantial contributions for the child. These adults inform the claims representative of these sources as part of the initial benefits process. If the individual capable of providing the information does not accompany the child claimant, we mail the SSA-783 to the individual for completion; or if the person has access to a computer, we will refer them to SSA's Web site. The respondents are individuals providing information about a child's sources of support. Type of Request: Revision of an OMB-approved information collection. ---------------------------------------------------------------------------------------------------------------- Average burden Estimated total Modality of completion Number of Frequency of per response annual burden respondents response (minutes) (hours) ---------------------------------------------------------------------------------------------------------------- SSA-783..................................... 30,000 1 17 8,500 ---------------------------------------------------------------------------------------------------------------- 3. Disability Report--Appeal--20 CFR 404.1512, 416.912, 404.916(c), 416.1416(c), 422.140, 404.1713, 416.1513, 404.1740(b)(4), 416.1540(b)(4), and 405 Subpart C--0960-0144. SSA requires disability applicants who wish to appeal an unfavorable disability determination to complete Form SSA-3441-BK; the associated Electronic Disability Collect System (EDCS) interview; or the Internet application, i3441. This allows claimants to disclose any changes to their disability, or resources, which might influence SSA's unfavorable determination. We may use the information to: (1) Reconsider and review an initial disability determination; (2) review a continuing disability; and (3) evaluate a request for a hearing. This information assists the State Disability Determination Services (DDS) and administrative law judges (ALJ) in preparing for the appeals and hearings, and in issuing a determination or decision on an individual's entitlement (initial or continuing) to disability benefits. In addition, the information we collect on the SSA-3441-BK, or related modalities, facilitates SSA's collection of medical information to support the applicant's request for reconsideration; request for benefits cessation appeal; and request for a hearing before an ALJ. Respondents are individuals who appeal denial, reduction, or cessation of Social Security disability benefits and Supplemental Security Income (SSI) [[Page 18337]] payments; individuals who wish to request a hearing before an ALJ; or their representatives. Type of Request: Revision of an OMB-approved information collection. ---------------------------------------------------------------------------------------------------------------- Average burden Estimated Modality of completion Number of Frequency of per response total annual respondents response (minutes) burden (hours) ---------------------------------------------------------------------------------------------------------------- SSA-3441-BK..................................... 2,396 1 45 1,797 Electronic Disability Collect System (EDCS)..... 476,771 1 45 357,578 i3441 (Internet)................................ 1,046,938 1 28 488,571 rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Totals...................................... 1,526,105 .............. .............. 847,946 ---------------------------------------------------------------------------------------------------------------- 4. Authorization to Disclose Information to SSA--20 CFR 404.1512 and 416.912, 45 CFR 160 and 164--0960-0623. Sections 223(d)(5)(A) and 1614(a)(3)(H)(i) of the Social Security Act require claimants to provide medical and other evidence the Commissioner of Social Security may require to prove they are disabled. SSA must obtain sufficient evidence to make eligibility determinations for Title II and Title XVI payments. Therefore, the applicant must authorize release of information from various sources to SSA. The applicants use Form SSA- 827, or the Internet counterpart, i827, to provide consent for the release of medical records, education records, and other information related to their ability to perform tasks. Once the applicant completes Form SSA-827, or the i827, SSA or the State DDS sends the form to the designated source(s) to obtain pertinent records. The respondents are applicants for Title II and Title XVI disability payments. Type of Request: Revision of an OMB-approved information collection. ---------------------------------------------------------------------------------------------------------------- Average burden Estimated Modality of completion Number of Frequency of per response total annual respondents response (minutes) burden (hours) ---------------------------------------------------------------------------------------------------------------- i827 with electronic signature (eAuthorization). 4,189,270 1 9 628,391 SSA-827 with wet signature (paper version)...... 1,055,807 1 10 175,968 rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Totals...................................... 5,245,077 .............. .............. 804,359 ---------------------------------------------------------------------------------------------------------------- II. SSA submitted the information collections below to OMB for clearance. Your comments regarding these information collections would be most useful if OMB and SSA receive them 30 days from the date of this publication. To be sure we consider your comments, we must receive them no later than May 18, 2017. Individuals can obtain copies of the OMB clearance packages by writing to [email protected]. 1. Supported Employment Demonstration (SED)--0960-NEW. Sponsored by SSA, the SED builds on the success of the intervention designed for the Mental Health Treatment Study (MHTS) previously funded by SSA. The MHTS provides integrated mental health and vocational services to disability beneficiaries with mental illness. The SED will offer these same services to individuals with mental illness to whom SSA denied Social Security disability benefits. SSA seeks to determine whether offering this evidence-based package of integrated vocational and mental health services to denied disability applicants fosters employment that leads to self-sufficiency, improved mental health and quality of life, and reduced demand for disability benefits. The SED will use a randomized controlled trial to compare the outcomes of two treatment groups and a control group. Study participation spans 36 months beginning on the day following the date of randomization to one of the three study groups. The SED study population consists of individuals aged 18 to 50 who apply for disability benefits alleging a mental illness and the initial decision is a denial of benefits in the past 60 days. The SED will enroll up to 1,000 participants in each of the three study arms for a total of 3,000 participants: 40 participants in each of three study arms for the 20 urban sites equaling an n of 2,400 urban site participants, and 20 participants in each of three arms for the 10 rural sites equaling an n of 600 rural site participants. We randomly select and assign each enrolled participant to one of three study arms: Full-Service Treatment (n=1,000). The multi-component service model from the MHTS comprises the Full-Service Treatment. At its core are an Individual Placement and Support (IPS) supported employment specialist and behavioral health specialist providing IPS supported employment services integrated with behavioral health care. Participants in the full-service treatment group will also receive the services of a Nurse Care Coordinator who coordinates Systematic Medication Management services, as well assistance with: Out-of-pocket expenses associated with prescription behavioral health medications; work-related expenses; and services and treatment not covered by the participant's health insurance. Basic-Service Treatment (n=1,000). The Basic-Service Treatment model leaves intact IPS supported employment integrated with behavioral health services as the centerpiece of the intervention arm. The Basic-Service Treatment is essentially the Full-Service model without the services of the Nurse Care Coordinator, Systematic Medication Management, and the funds associated with out-of-pocket expenses for prescription behavioral health medications. Usual Services (n=1,000). This study arm represents a control group against which the two treatment groups we can compare. Participants assigned to this group seek services as they normally would (or would not) in their community. However, at the time of randomization, each Usual Service participant will receive a [[Page 18338]] comprehensive manual describing mental health and vocational services in their locale, along with state and national resources. This study will test the two treatment conditions against each other and against the control group on multiple outcomes of policy interest to SSA. The key outcomes of interest include: (1) Employment; (2) earnings; (3) income; (4) mental status; (5) quality of life; (6) health services utilization; and (7) SSA disability benefit receipt and amount. SSA is also interested in the study take up rate (participation), knowing who enrolls (and who does not), and fidelity to evidence-based treatments, among other aspects of implementation. Data collection for the evaluation of the SED will consist of the following activities: Baseline in-person participant interviews; quarterly participant telephone interviews; receipt of SSA administrative record data; and collection of site-level program data. Evaluation team members will also conduct site visits involving: (1) Pre-visit environmental scans in order to understand the local context in which SED services are embedded; (2) independent fidelity assessments in conjunction with those carried out by state Mental Health/Vocational Rehabilitation staff; (3) key informant interviews with the IPS specialist, the nurse care coordinator, the case manager, and facility director; (4) focus groups with participants in the Full- Service and Basic-Service Treatment groups; and (5) ethnographic data collection consisting of observations in the natural environment and person-centered interviews with participants and non-participants. The respondents are study participants and non-participants, family members, IPS specialists, nurse care coordinators, case managers, and facility directors. Type of Request: Request for a new information collection. ---------------------------------------------------------------------------------------------------------------- Average burden Estimated Modality of completion Number of Frequency of Number of per response total annual respondents response responses (minutes) burden (hours) ---------------------------------------------------------------------------------------------------------------- Competency and CIDI Screener.... 3,000 1 3,000 40 2,000 Baseline Interview.............. 3,000 1 3,000 45 2,250 Quarterly Interview (Quarters 1, 3,000 9 27,000 20 9,000 2, 3, 5, 6, 7, 9, 10, and 11).. Annual Interview (Quarters 4, 8, 3,000 3 9,000 30 4,500 and 11)........................ Fidelity Assessment Participant 180 4 720 60 720 Interview...................... Fidelity Assessment Family 90 4 360 60 360 Member Interview............... Key Informant Interview......... 120 4 480 60 480 Participant Focus Groups........ 600 2 1,200 60 1,200 Person-Centered Interview....... 180 4 720 60 720 rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Totals...................... 13,170 .............. 45,480 .............. 21,230 ---------------------------------------------------------------------------------------------------------------- 2. Student Reporting Form--20 CFR 404.352(b)(2); 404.367; 404.368; 404.415; 404.434; 422.135--0960-0088. To qualify for Social Security Title II student benefits, student beneficiaries must be in full-time attendance status at an educational institution. In addition, SSA requires these beneficiaries to report events that may cause a reduction, termination, or suspension of their benefits. SSA collects such information on Forms SSA-1383 and SSA-1383-FC to determine if the changes or events the student beneficiaries report will affect their continuing entitlement to SSA benefits. SSA also uses the SSA-1383 and SSA-1383-FC to calculate the correct benefit amounts for student beneficiaries. The respondents are Social Security Title II student beneficiaries. Type of Request: Revision of an OMB-approved information collection. ---------------------------------------------------------------------------------------------------------------- Average burden Estimated Modality of completion Number of Frequency of per response total annual respondents response (minutes) burden (hours) -------------------------------------------------------------------------------------------------- SSA-1383.......................... 74,887 1 6 7,489 SSA-1383-FC....................... 1,247 1 6 125 ----------------------------------------------------------------------------- Totals........................ 76,134 .............. .............. 7,614 ---------------------------------------------------------------------------------------------------------------- 3. Advanced Notice of Termination of Child's Benefits & Student's Statement Regarding School Attendance--20 CFR 404.350-404.352, 404.367- 404.368--0960-0105. SSA collects information on Forms SSA-1372-BK and SSA-1372-BK-FC to determine whether children of an insured worked meet the eligibility requirements for student benefits. The data we collect allows SSA to determine student entitlement and whether to terminate benefits. The respondents are student claimants for Social Security benefits, their respective schools and, in some cases, their representative payees. Type of Request: Revision of an OMB-approved information collection. SSA-1372-BK: ---------------------------------------------------------------------------------------------------------------- Average burden Estimated Type of respondent Number of Frequency of per response total annual respondents response (minutes) burden (hours) -------------------------------------------------------------------------------------------------- Individuals/Households............ 99,850 1 8 13,313 [[Page 18339]] State/Local/Tribal Government..... 99,850 1 3 4,993 ----------------------------------------------------------------------------- Totals........................ 199,700 .............. .............. 18,306 ---------------------------------------------------------------------------------------------------------------- SSA-1372-BK: ---------------------------------------------------------------------------------------------------------------- Average burden Estimated Type of respondent Number of Frequency of per response total annual respondents response (minutes) burden (hours) -------------------------------------------------------------------------------------------------- Individuals/Households............ 1,198 1 8 160 State/Local/Tribal Government..... 1,198 1 3 60 ----------------------------------------------------------------------------- Totals........................ 2,396 .............. .............. 220 ----------------------------------------------------------------------------- Grand Total............... 200,096 .............. .............. 18,526 ---------------------------------------------------------------------------------------------------------------- 4. Request for Review of Hearing Decision/Order--20 CFR 404.967- 404.981, 416.1467-416.1481--0960-0277. Claimants have a statutory right under the Social Security Act and current regulations to request review of an ALJ's hearing decision or dismissal of a hearing request on Title II and Title XVI claims. Claimants may request Appeals Council review by filing a written request using Form HA-520. SSA uses the information to establish the claimant filed the request for review within the prescribed time and to ensure the claimant completed the requisite steps permitting the Appeals Council review. The Appeals Council uses the information to: (1) Document the claimant's reason(s) for disagreeing with the ALJ's decision or dismissal; (2) determine whether the claimant has additional evidence to submit; and (3) determine whether the claimant has a representative or wants to appoint one. The respondents are claimants requesting review of an ALJ's decision or dismissal of hearing. Type of Request: Revision of an OMB-approved information collection. ---------------------------------------------------------------------------------------------------------------- Average burden Estimated total Modality of completion Number of Frequency of per response annual burden respondents response (minutes) (hours) ---------------------------------------------------------------------------------------------------------------- HA-520...................................... 175,000 1 10 29,167 ---------------------------------------------------------------------------------------------------------------- 5. Disability Update Report--20 CFR 404.1589-404.1595 and 416.988- 416.996--0960-0511. As part of our statutory requirements, SSA periodically uses Form SSA-455, the Disability Update Report, to evaluate current Title II disability beneficiaries' and Title XVI disability payment recipients' continued eligibility for Social Security disability payments. Specifically, SSA uses the form to determine if: (1) There is enough evidence to warrant referring the respondent for a full medical Continuing Disability Review (CDR); (2) the respondent's impairments are still present and indicative of no medical improvement, precluding the need for a CDR; or (3) the respondent has unresolved work-related issues. SSA mails Form SSA-455 to specific disability recipients, whom we select as possibly qualifying for the CDR process. SSA pre-fills the form with data specific to the disability recipient, except for the sections we ask the recipients to complete. When SSA receives the completed form, we scan it into SSA's system. This allows us to gather the information electronically, and enables SSA to process the returned forms through automated decision logic to decide the proper course of action to take. The respondents are recipients of Title II and Title XVI Social Security disability payments. Type of Request: Revision of an OMB-approved information collection. ---------------------------------------------------------------------------------------------------------------- Average burden Estimated total Modality of completion Number of Frequency of per response annual burden respondents response (minutes) (hours) ---------------------------------------------------------------------------------------------------------------- SSA-455..................................... 1,500,000 1 15 375,000 ---------------------------------------------------------------------------------------------------------------- [[Page 18340]] Dated: April 13, 2017. Naomi R. Sipple, Reports Clearance Officer, Social Security Administration. [FR Doc. 2017-07796 Filed 4-17-17; 8:45 am] BILLING CODE 4191-02-P
![Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices 18335
Administration, 409 Third Street SW., of Succession shall serve as Acting I. The information collections below
Washington, DC 20416. Administrator. are pending at SSA. SSA will submit
(d) This designation shall remain in them to OMB within 60 days from the
A. Joseph Shepard,
full force and effect until revoked or date of this notice. To be sure we
Associate Administrator for Office of superseded in writing by the consider your comments, we must
Investment and Innovation.
Administrator, or by the Deputy receive them no later than June 19,
[FR Doc. 2017–07789 Filed 4–17–17; 8:45 am] 2017. Individuals can obtain copies of
Administrator when serving as Acting
BILLING CODE P Administrator. the collection instruments by writing to
(e) Serving as Acting Administrator the above email address.
has no effect on the officials listed in 1. Promoting Opportunity
SMALL BUSINESS ADMINISTRATION Demonstration—0960–NEW. Section
subparagraphs (a)(1) through (5), above,
with respect to their full-time position’s 823 of the Bipartisan Budget Act of 2015
Administrator’s Line of Succession
authorities, duties and responsibilities requires SSA to carry out the Promoting
Designation, No. 1–A, Revision 36
(except that such official cannot both Opportunity Demonstration (POD) to
This document replaces and recommend and approve an action). test a new benefit offset formula for
supersedes ‘‘Line of Succession Social Security Disability Insurance
Dated: April 11, 2017.
Designation No. 1–A, Revision 35’’. (SSDI) beneficiaries. Therefore, SSA is
Linda E. McMahon, undertaking POD, a demonstration to
Line of Succession Designation No.
1–A, Revision 36: Administrator. evaluate the affect the new policy will
Effective immediately, the [FR Doc. 2017–07778 Filed 4–17–17; 8:45 am] have on SSDI beneficiaries and their
Administrator’s Line of Succession BILLING CODE 8025–01–P families in several critical areas: (1)
Designation is as follows: Employment, (2) benefits, (3) earnings,
(a) In the event of my inability to and (4) income (earnings plus benefits).
perform the functions and duties of my SOCIAL SECURITY ADMINISTRATION Under current law, Social Security
position, or my absence from the office, beneficiaries lose their SSDI benefit if
the Deputy Administrator will assume [Docket No: SSA–2017–0019] they have earnings or work activity
all functions and duties of the above the threshold of Substantial
Administrator. In the event the Deputy Agency Information Collection Gainful Activity (SGA). The POD
Administrator and I are both unable to Activities: Proposed Request and evaluation will draw on previous
perform the functions and duties of the Comment Request lessons from related work incentive
position or are absent from our offices, experiences, especially SSA’s Benefit
The Social Security Administration Offset National Demonstration (BOND),
I designate the officials in listed order
(SSA) publishes a list of information 0960–0785, which tested a different
below, if they are eligible to act as
collection packages requiring clearance offset formula. POD tests a different
Administrator under the provisions of
by the Office of Management and policy than BOND in two important
the Federal Vacancies Reform Act of
Budget (OMB) in compliance with ways: (1) A lower threshold at which
1998 (5 U.S.C. 3345–3349d), to serve as
Public Law 104–13, the Paperwork point the offset is applied—increasing
Acting Administrator with full authority
Reduction Act of 1995, effective October the likelihood of reducing benefit
to perform all acts which the
1, 1995. This notice includes revisions expenditures relative to current law
Administrator is authorized to perform:
(1) Chief of Staff; of OMB-approved information expenditures; and (2) A more immediate
(2) General Counsel; collections. adjustment to the benefits—to increase
(3) Chief Operating Officer; SSA is soliciting comments on the the salience and clarity of the offset
(4) Associate Administrator, Office of accuracy of the agency’s burden policy for beneficiaries. The POD will
Disaster Assistance; and estimate; the need for the information; test a benefit offset that will reduce
(5) Regional Administrator for Region its practical utility; ways to enhance its benefits by $1 for every $2 in
9. quality, utility, and clarity; and ways to participants’ earnings above the POD
(b) Notwithstanding the provisions of minimize burden on respondents, threshold, gradually reducing benefits
SBA Standard Operating Procedure 00 including the use of automated as earnings increase. The POD threshold
01 2, ‘‘absence from the office,’’ as used collection techniques or other forms of will equal the greater of (1) an inflation-
in reference to myself in paragraph (a) information technology. Mail, email, or adjusted trial work period level ($840 in
above, means the following: fax your comments and 2017); or (2) the amount of the
(1) I am not present in the office and recommendations on the information participant’s itemized impairment-
cannot be reasonably contacted by collection(s) to the OMB Desk Officer related work expenses up to SGA. The
phone or other electronic means, and and SSA Reports Clearance Officer at new rules we will test in POD also
there is an immediate business necessity the following addresses or fax numbers. simplify work incentives and we intend
for the exercise of my authority; or (OMB), Office of Management and them to promote employment and
(2) I am not present in the office and, Budget, Attn: Desk Officer for SSA, Fax: reduce dependency on benefits.
upon being contacted by phone or other 202–395–6974, Email address: OIRA_ The design for POD will include
electronic means, I determine that I Submission@omb.eop.gov. implementation and evaluation
cannot exercise my authority effectively (SSA), Social Security activities designed to answer seven
without being physically present in the Administration, OLCA, Attn: Reports central research questions:
Clearance Director, 3100 West High • What are the impacts of the two
sradovich on DSK3GMQ082PROD with NOTICES
office.
(c) An individual serving in an acting Rise, 6401 Security Blvd., Baltimore, POD benefit designs on beneficiaries’
capacity in any of the positions listed in MD 21235, Fax: 410–966–2830, Email earnings, SSDI benefits, and total
subparagraphs (a)(1) through (5), unless address: OR.Reports.Clearance@ssa.gov. earnings and benefit income?
designated as such by the Or you may submit your comments • Is POD attractive to beneficiaries?
Administrator, is not also included in online through www.regulations.gov, Do they remain engaged over time?
this Line of Succession. Instead, the referencing Docket ID Number [SSA– • How were the POD offset policies
next non-acting incumbent in the Line 2017–0019]. implemented, and what operational,
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![18340 Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Notices
Dated: April 13, 2017. customers that are served by GSWR or ensuring the development and
Naomi R. Sipple, GC, on the one hand, and HOG, on the continuation of a sound rail
Reports Clearance Officer, Social Security other, and that as such there would be transportation system that would
Administration. no ‘‘2-to-1 customers’’ as a result of the continue to meet the needs of the
[FR Doc. 2017–07796 Filed 4–17–17; 8:45 am] proposed transaction. (Id.) GWI further public, section 10101(4); fostering
BILLING CODE 4191–02–P states that the joint line movements sound economic conditions in
(which already currently exist) between transportation, section 10101(5);
HOG and the GWI-affiliated railroads reducing regulatory barriers to entry,
SURFACE TRANSPORTATION BOARD would not be used to foreclose vertical section 10101(7); encouraging efficient
competition over efficient joint line management, section 10101(9); and
[Docket No. FD 36105] routes with unaffiliated carriers. (Id.) providing for the expeditious resolution
GWI states that it does not of this proceeding, section 10101(15).
Genesee & Wyoming Inc.—Acquisition contemplate any material changes to Other aspects of the RTP would not be
of Control Exemption—Atlantic HOG’s operations, maintenance, or adversely affected.
Western Transportation, Inc. and Heart service, and that HOG would continue Nor is detailed scrutiny of the
of Georgia Railroad, Inc. to operate as a separate railroad, though proposed transaction necessary to
On February 27, 2017, Genesee & HOG’s senior managers would report to protect shippers from an abuse of
Wyoming Inc. (GWI), a noncarrier a senior vice president of Genesee & market power. According to GWI, no
holding company, filed a petition under Wyoming Railroad Services, Inc., an shipper would lose any rail options, and
49 U.S.C. 10502 and 49 CFR part 1121 affiliate of GWI. (Id. at 3, 4.) GWI states operations would not materially change.
for exemption from the provisions of 49 that no shippers would lose access to (Pet. 9.) Although HOG connects with
U.S.C. 11323–24 to allow GWI to direct or indirect Class I connections, two GWI-owned carriers (GSWR and
acquire control of Atlantic Western nor to any short line connections, or GC), GWI states that there would be no
lose any service options. (Id.) GWI states 2-to-1 shippers as a result of the
Transportation, Inc. (AWT), a noncarrier
that, as a result of this proposed acquisition. (Id. at 10.) In addition, GWI
holding company, and indirect control
transaction, HOG and its shippers states that HOG also connects directly
of AWT’s wholly owned subsidiary
would benefit from greater coordination with two Class I carriers (CSX
Heart of Georgia Railroad, Inc. (HOG), a
and efficiencies, enhanced financial Transportation, Inc. and Norfolk
Class III railroad. The Board will grant
resources, more robust management Southern Railway Company). (Id.) The
GWI’s petition for exemption, subject to
support for operations and safety, and a Board will hold GWI to its statement
standard labor protective conditions.
broader set of relationships with that existing joint line movements
Background national customers. (Id. at 4.) Georgia between HOG and the GWI-affiliated
GWI is a publicly traded noncarrier DOT does not oppose the transaction railroads would not be used to foreclose
and asks the Board to review and vertical competition over efficient joint
holding company that currently
approve the transaction expeditiously. line routes with unaffiliated carriers.
controls, through direct or indirect
(Id. at Ex. D.) No shippers have filed (See id. at 3.) Accordingly, based on the
equity ownership, two Class II carriers
comments. record, the Board finds that this
and 107 Class III carriers operating in
the United States. (Pet. 1.) HOG is a Discussion and Conclusions transaction does not shift or consolidate
Class III carrier based in Americus, Ga., market power; therefore, regulation is
The acquisition of control of a rail
that leases from the Georgia Department not necessary to protect shippers from
carrier by a person that is not a rail
of Transportation (Georgia DOT) and the abuse of market power.2
carrier but that controls any number of
operates approximately 221 miles of rail rail carriers requires approval by the Labor Conditions
lines in Georgia and Alabama. (Id. at 2.) Board pursuant to 49 U.S.C. 11323(a)(5).
GWI states that it seeks to acquire Under 49 U.S.C. 10502(g), the Board
Under section 10502(a), however, the may not use its exemption authority to
control of HOG through the acquisition Board must exempt a transaction or
of the stock of AWT, the noncarrier relieve a rail carrier of its statutory
service from regulation if it finds that: obligation to protect the interests of its
parent company of HOG.1 (Id.) Upon (1) Regulation is not necessary to carry
consummation, GWI would acquire employees. Because GWI currently
out the rail transportation policy (RTP) controls two Class II carriers 3 and
direct control of AWT, and, because of 49 U.S.C. 10101; and (2) either the
HOG is a wholly owned subsidiary of numerous Class III carriers, any
transaction or service is limited in employees adversely affected by this
AWT, GWI would acquire indirect scope, or regulation is not needed to
control of HOG. (Id.) HOG connects transaction will be protected by the
protect shippers from the abuse of conditions set forth in New York Dock
with several railroads, including two market power.
GWI subsidiaries: Georgia Southwestern Railway—Control—Brooklyn Eastern
In this case, an exemption from the District Terminal (New York Dock), 360
Railroad, Inc. (GSWR) and Georgia prior approval requirements of sections
Central Railway, L.P. (GC). (Id. at 3.) I.C.C. 60 (1979). See 49 U.S.C. 11326(a).
11323–24 is consistent with the GWI, acknowledging that New York
GWI states that, although there are some standards of section 10502. Detailed Dock applies, seeks Board confirmation
commonly served cities where the scrutiny of the proposed transaction that neither GWI nor HOG need to
railroads connect, there are no through an application for review and commence negotiations or consummate
approval under sections 11323–24 is not implementing agreements prior to the
1 GWI states that it and the individual
necessary here to carry out the RTP.
sradovich on DSK3GMQ082PROD with NOTICES
shareholders of AWT have entered into a Stock
Purchase Agreement dated February 7, 2017. (Pet.
Approval of the transaction would 2 As there is no evidence that regulation is needed
2.) GWI further states that it expects to consummate result in a change in ownership of AWT to protect shippers from the abuse of market power,
the transaction after all of the closing conditions and control of HOG with no lessening we do not need to determine whether the
have been satisfied as set forth in the Stock of competition. An exemption would transaction is limited in scope. See 49 U.S.C.
Purchase Agreement, including the grant of this 10502(a).
exemption from the Board, and that it hopes to
promote the RTP by: Minimizing the 3 Buffalo & Pittsburgh Railroad, Inc. and Rapid
consummate the transaction in the second fiscal need for federal regulatory control over City, Pierre & Eastern Railroad, Inc. (Pet., Ex. A at
quarter of 2017. (Id. at 5.) the transaction, section 10101(2); 1.)
VerDate Sep<11>2014 16:55 Apr 17, 2017 Jkt 241001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\18APN1.SGM 18APN1](https://thefederalregister.org/doc/82_FR_18408/page/6.svg)
Document Created: 2017-04-18 00:00:16
Document Modified: 2017-04-18 00:00:16
| 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 | |
| FR Citation | 82 FR 18335 |
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