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Federal Register / Vol. 73, No.

4 / Monday, January 7, 2008 / Notices 1253

19(b)(3)(A) of the Act 9 and Rule 19b– • Send an e-mail to rule- and Budget (OMB) in compliance with
4(f)(6) thereunder.10 comments@sec.gov. Please include File Public Law 104–13, the Paperwork
A proposed rule change filed Number SR–NYSE–2007–125 on the Reduction Act of 1995, effective October
pursuant to Rule 19b–4(f)(6) under the subject line. 1, 1995. The information collection
Act 11 normally does not become packages that may be included in this
operative for 30 days after the date of its Paper Comments
notice are for new information
filing. However, Rule 19b–4(f)(6)(iii) 12 • Send paper comments in triplicate collections, approval of existing
permits the Commission to designate a to Nancy M. Morris, Secretary, information collections, revisions to
shorter time if such action is consistent Securities and Exchange Commission, OMB-approved information collections
with the protection of investors and the 100 F Street, NE., Washington, DC and extensions (no change) of OMB-
public interest. The NYSE has requested 20549–1090. approved information collections.
that the Commission waive the 30-day All submissions should refer to File SSA is soliciting comments on the
operative delay. The Commission Number SR–NYSE–2007–125. This file accuracy of the Agency’s burden
believes that waiving the 30-day number should be included on the estimate; the need for the information;
operative delay is consistent with the subject line if e-mail is used. To help the its practical utility; ways to enhance its
protection of investors and the public Commission process and review your quality, utility and clarity; and on ways
interest because it would allow the comments more efficiently, please use to minimize the burden on respondents,
Moratorium to continue without only one method. The Commission will including the use of automated
interruption so that the Exchange may post all comments on the Commission’s collection techniques or other forms of
have additional time to make a final Internet Web site (http://www.sec.gov/ information technology. Written
determination as to the future roles of rules/sro.shtml). Copies of the comments and recommendations
RCMMs and CTs in the Hybrid Market, submission, all subsequent regarding the information collection(s)
if any, and to file with the Commission amendments, all written statements should be submitted to the OMB Desk
a proposed rule change outlining such with respect to the proposed rule Officer and the SSA Reports Clearance
roles. For these reasons, the change that are filed with the Officer. The information can be mailed,
Commission designates that the Commission, and all written faxed or emailed to the individuals at
proposed rule change become operative communications relating to the the addresses and fax numbers listed
immediately.13 proposed rule change between the below:
At any time within 60 days of the Commission and any person, other than (OMB), Office of Management and
filing of the proposed rule change, the those that may be withheld from the
Commission may summarily abrogate Budget, Attn: Desk Officer for SSA,
public in accordance with the
the rule change if it appears to the Fax: 202–395–6974, E-mail address:
provisions of 5 U.S.C. 552, will be
Commission that such action is OIRA_Submission@omb.eop.gov.
available for inspection and copying in (SSA), Social Security Administration,
necessary or appropriate in the public the Commission’s Public Reference
interest, for the protection of investors, DCBFM, Attn: Reports Clearance
Room, on official business days between
or otherwise in furtherance of the Officer, 1333 Annex Building, 6401
the hours of 10 a.m. and 3 p.m. Copies
purposes of the Act. Security Blvd., Baltimore, MD 21235,
of the filing also will be available for
Fax: 410–965–6400, E-mail address:
IV. Solicitation of Comments inspection and copying at the principal
OPLM.RCO@ssa.gov.
office of the Exchange. All comments
Interested persons are invited to received will be posted without change; I. The information collections listed
submit written data, views and the Commission does not edit personal below are pending at SSA and will be
arguments concerning the foregoing, identifying information from submitted to OMB within 60 days from
including whether the proposed rule submissions. You should submit only the date of this notice. Therefore, your
change is consistent with the Act. information that you wish to make comments should be submitted to SSA
Comments may be submitted by any of available publicly. All submissions within 60 days from the date of this
the following methods: should refer to File Number SR–NYSE– publication. You can obtain copies of
2007–125 and should be submitted on the collection instruments by calling the
Electronic Comments
or before January 28, 2008. SSA Reports Clearance Officer at 410–
• Use the Commission’s Internet 965–0454 or by writing to the address
comment form (http://www.sec.gov/ For the Commission, by the Division of
Trading and Markets, pursuant to delegated
listed above.
rules/sro.shtml); or 1. Function Report—Adult—Third
authority.14
Nancy M. Morris, Party—20 CFR 404.1512, 416.912—
9 15 U.S.C. 78s(b)(3)(A). 0960–0635. The information collected
10 17 CFR 240.19b–4(f)(6). Pursuant to Rule 19b– Secretary.
4(f)(6)(iii) under the Act, the Exchange is required
on the SSA–3380–BK is needed to make
[FR Doc. E7–25654 Filed 1–4–08; 8:45 am]
to give the Commission written notice of its intent determinations on Supplemental
BILLING CODE 8011–01–P
to file the proposed rule change, along with a brief Security Income (SSI) and Social
description and text of the proposed rule change, Security disability (SSDI) claims. This
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
information is necessary for case
as designated by the Commission. The Exchange
SOCIAL SECURITY ADMINISTRATION development and adjudication, and is
has requested that the Commission waive the 5-day used by State Disability Determination
pre-filing notice requirement. The Commission has Agency Information Collection
Services (DDS) evaluators as an
determined to waive this requirement to allow the Activities: Proposed Request and
Exchange to file its proposal to extend the evidentiary source used in the disability
Comment Request
Moratorium, which expires on December 31, 2007, evaluation process. The respondents are
without delay. The Social Security Administration third parties familiar with the functional
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11 17 CFR 240.19b–4(f)(6).
(SSA) publishes a list of information limitations (or lack thereof) of claimants
12 17 CFR 240.19b–4(f)(6)(iii).
13 For purposes only of waiving the 30-day
collection packages that will require who apply for SSDI benefits and SSI
operative delay, the Commission has considered the clearance by the Office of Management payments.
proposed rule’s impact on efficiency, competition, Type of Request: Revision of an OMB-
and capital formation. 15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). approved information collection.

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1254 Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Notices

Number of Respondents: 1,000,000. Type of Request: Revision to an OMB- Record (MER). The DDS’s collect
Frequency of Response: 1. approved information collection. information from claimants regarding
Average Burden per Response: 60 Number of Respondents: 4,005,367. medical appointments and pain/
minutes. Frequency of Response: 1. symptoms. The respondents are medical
Estimated Annual Burden: 1,000,000 Average Burden per Response: 60 providers, other sources of MER and
hours. minutes. disability claimants.
2. Function Report—Adult—20 CFR Estimated Annual Burden: 4,005,367 Type of Request: Revision of an OMB-
404.1512 and 419.912—0960–0681. hours. approved information collection.
Form SSA–3373 is used to collect 3. Information Collections conducted
information about a disability by State DDS’s on Behalf of SSA—20 The total combined burden is
applicant’s impairment-related CFR, subpart P, 404.1503a, 404.1512, 1,803,810 hours.
limitations and ability to function. It 404.1513, 404.1514 404.1517, 404.1519; CE Collections
documents the types of information 20 CFR subpart Q, 404.1613, 404.1614,
specified in SSA regulations and 404.1624; 20 CFR subpart I, 416.903a, There are two collections from CE
provides disability interviewers with a 416.912, 416.913, 416.914, 416.917, providers: (a) Medical evidence about
convenient means to record information 416.919 and 20 CFR subpart J, 416.1013, claimants, which DDS’s use to make
about how the claimant’s condition 416.1024, 416.1014—0960–0555. The disability determinations when the
affects his or her ability to function. State DDS’s collect certain information claimant’s own medical sources cannot
This information, together with medical to administer the SSDI and SSI or will not provide the required
evidence, forms the evidentiary basis programs. They collect information from information; and (b) when CE providers
upon which the initial disability process medical sources on consultative offer proof of their credentials.
is founded. The respondents are SSDI examination (CE) medical evidence, CE (a) Medical Evidence from CE
and SSI applicants. credentials and Medical Evidence of Providers

Average burden Estimated


Number of Frequency of per response annual burden
respondents response (minutes) (hours)

Paper Submissions .............................................................................. 1,215,000 1 30 607,500


Electronic Records Express (ERE) Submissions ................................ 285,000 1 15 71,250

Totals ............................................................................................ 1,500,000 — — 678,750

CE Credentials

Average burden Estimated


Number of Frequency per response annual burden
respondents of response (minutes) (hours)

Paper Submission ................................................................................ 3,000 1 20 1,000

There are two CE claimant indicate if they intend to keep their CE they want a copy of the CE report to be
collections: (a) CE claimant completion appointment; and (b) CE claimant sent to their doctor.
of a response form in which claimants completion of a form indicating whether (a) Claimants re Appointment Letter

Average burden Estimated


Number of Frequency per response annual burden
respondents of response (minutes) (hours)

Paper Submission ................................................................................ 750,000 1 5 62,500

(b) Claimants re Report to Medical


Provider

Average burden Estimated


Number of Frequency of per response annual burden
respondents response (minutes) (hours)

Paper Submission ................................................................................ 1,500,000 1 5 125,000

MER Collections sources to determine a claimant’s


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The DDS’s collect MER information physical and/or mental status, prior to
from the claimant’s own medical making a disability determination.

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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Notices 1255

Average burden Estimated


Number of Frequency per response annual burden
respondents of response (minutes) (hours)

Paper Submissions .............................................................................. 2,480,800 1 15 620,200


Connect Direct (CD), (electronic transfer) ........................................... 218,400 1 15 54,600
ERE Submission .................................................................................. 100,800 1 7 11,760

Total .............................................................................................. 2,800,000 ........................ .............................. 686,560

Pain/Other Symptoms Information symptoms affect the claimant’s ability to


From Claimants do work-related activities, prior to
The DDSs use information about pain/ making a disability determination.
symptoms to determine how pain/

Average burden Estimated


Number of Frequency per response annual burden
respondents of response (minutes) (hours)

Paper Submission ................................................................................ 1,000,000 1 15 250,000

4. Social Security Number (SSN) In order to better assure that if the reported name and SSN of their
Verification Services—20 CFR 401.45— employers provide accurate employee employees matches SSA’s records; (3)
0960–0660. Under Internal Revenue name and SSN data that match SSA’s through our National 800 Number SSA,
Service regulations employers are records, SSA offers serveral cost-free which is introducing an automated
obligated to provide wage and tax data methods for employers to verify the telephone employee verification service
to the SSA using Form W–2 or its information, as follows: (1) Internet- (TNEV) that will allow callers, who
electronic equivalent. As part of this based service, known as the Social have been authenicated and have a pin
process the employer must furnish the Secuirty Number Verification Service and password to use for this process, to
employee’s name and their SSN. The (SSNVS), where the employer can verify verify employee’s names and SSNs
employee’s name and SSN must match if the reported names and SSNs of their
through the telephone system.
SSA’s records in order for the employees matches SSA’s records; (2)
employee’s earnings to be properly the Employee Verification Service Type of Request: Revision of an OMB-
posted to their Earnings Record, which (EVS), where employers can verify, via approved information collection.
is maintained by SSA. cartridge, diskette, paper and telephone

Average burden Total annual


Number of Frequency Number of
Verification system per response burden
respondents of response responses (minutes) (hours)

EVS .......................................................................... 50,000 16 800,000 10 133,333


SSNVS ..................................................................... 200,000 60 12,000,000 5 1,000,000
TNEV ........................................................................ 5,798 60 347,880 9 52,182

Total .................................................................. 255,798 ........................ 2,347,880 .............................. 1,185,515

5. Agreement to Sell Property—20 Estimated Annual Burden: 3,333 and other evidence. This clearance
CFR 416.1240–1245—0960–0127. hours. request covers sections in parts A and
Individuals or couples who are 6. Listing of Impairments—Part 404, B.
otherwise eligible for SSI benefits but Subpart P, Appendix I and II—0960–
whose resources exceed the allowable 0642. The Information Collection
limit may receive conditional payments The medical evidence documentation
Background
if they agree to dispose of the excess described in the listings is used by State
non-liquid resources and make The Listing of Impairments (the
DDS’s to assess the alleged disability.
repayment. Form SSA–8060 is used to listings), part 404, subpart P, appendix
The information, together with other
document this agreement and to ensure I and II, describes for each of the major
body systems, impairments which are evidence, is used to determine if an
that the individuals understand their
obligations. Respondents are applicants severe enough to prevent a person from individual claiming disability benefits
and recipients of SSI benefits who will doing any gainful activity. As part of the has an impairment that meets severity
be disposing of excess non-liquid listings, we provide a preface which and duration requirements. The
resources. identifies specific requirements that respondents are disability applicants
Type of Request: Extension of an affect the body system, such as and other sources of evidence. The
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OMB-approved information collection. documentation requirements and other public reporting burden is accounted for
Number of Respondents: 20,000. factors which must be considered when in the Information Collection Requests
Frequency of Response: 1. evaluating impairments within that (ICR) for the various forms that the
Average Burden per Response: 10 body system. These can include public uses to submit the information to
minutes. requirements which include medical SSA. Consequently, we are reporting no

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1256 Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Notices

burden for this regulation aside from a a means of reporting changes in their the SSA Reports Clearance Officer at
1-hour placeholder burden. circumstances in writing. SSA uses the 410–965–0454, or by writing to the
Type of Request: Extension of an reported changes to determine SSI address listed above.
OMB-approved information collection. eligibility and correct payment amounts. 1. Advanced Notice of Termination of
Type of Request: Extension of an Child’s Benefits & Student’s Statement
7. Reporting Events—SSI—20 CFR
approved OMB information collection. Regarding School Attendance—20 CFR
416.701–.732—0960–0128. The Social Number of Respondents: 27,320.
Security Act and regulations requires 404.350–404.352, 404.367–404.368—
Frequency of Response: 1. 0960–0105. The information collected
SSA to collection information to Average Burden per Response: 5
determine eligibility for SSI payments on Forms SSA–1372–BK and SSA–
minutes.
and to determine the correct payment Estimated Annual Burden: 2,277 1372–BK–FC is needed to determine
amount. SSA periodically requests hours. whether children of an insured worker
information from recipients to II. The information collections listed are eligible for student benefits. The
reevaluate their continuing SSI below have been submitted to OMB for respondents are student claimants for
eligibility and payment amount using clearance. Your comments on the Social Security benefits, their respective
form SSA–8150–EV. Form SSA–8150– information collections would be most schools and, in some cases, their
EV informs recipients of the information useful if received by OMB and SSA representative payees.
that needs to be reported to SSA in within 30 days from the date of this Type of Request: Revision of an OMB-
order to retain their benefits. Form publication. You can obtain a copy of approved information collection.
SSA–8150–EV provides recipients with the OMB clearance packages by calling SSA–1372–BK:

Average burden Total annual


Number of Frequency of
Type of respondent per response burden
respondents response (minutes) (hours)

Individuals/Households ........................................................................ 99,850 1 11 18,306


State/Local/Tribal Government ............................................................ 99,850 1 11 18,306

Totals ............................................................................................ 199,700 ........................ .............................. 36,612

SSA–1372–BK–FC:

Average burden Total annual


Number of Frequency of
Type of respondent per response burden
respondents response (minutes) (hours)

Individuals/Households ........................................................................ 150 1 11 27


State/Local/Tribal Government ............................................................ 150 1 11 27

Totals ............................................................................................ 300 ........................ .............................. 54

Correction Notice: In the First Federal State DDS completes the form(s) based 416.1438—0960–0671. The HA–504 and
Register Notice, we inadvertently on information provided by the HA–504–OP1 are used to acknowledge
labeled this ICR as an extension instead applicant, and sends the form(s) to the receipt of the notice of hearing issued by
of a revision. designated medical source(s). an Administrative Law Judge (ALJ). The
2. Authorization to Disclose Type of Request: Revision of a ALJ uses the information collected on
Information to SSA—20 CFR 404.1512 & currently approved information the HA–504 and HA–504–OP1 to: (1)
20 CFR 416.912—0960–0623. SSA must collection. Prepare for the hearing as scheduled; or
obtain sufficient medical evidence to Number of Respondents: 3,853,928. (2) reschedule the hearing to a different
make eligibility determinations for SSDI Frequency of Response (Average per date and/or location. The respondents
benefits and SSI payments. For SSA to case): 4. are applicants for Social Security
obtain medical evidence, an applicant Total Annual Responses: 15,415,712.
benefits or SSI payments who request a
must authorize his or her medical Average Burden per Response: 13
source(s) to release the information to hearing to appeal an unfavorable
minutes to complete all 4 forms.
SSA. The applicant may use one of the Estimated Annual Burden: 835,018 entitlement or eligibility determination.
forms SSA–827, SSA–827–OP1 or SSA– hours. Type of Request: Revision of an OMB-
827–OP2 to provide consent for the 3. Acknowledgement of Receipt approved information collection.
release of information. Generally, the (Notice of Hearing)—20 CFR 404.938 &

Frequency Average burden Total annual


Number of
Form of response per response burden
respondents (per year) (minutes) (hours)

HA–504 ................................................................................................ 60,000 1 1 1000


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HA–504–OP1 ....................................................................................... 540,000 1 1 9000

Totals ............................................................................................ 600,000 ........................ .............................. 10,000

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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Notices 1257

Correction Notice: In the notice to determine a repayment rate if authorized by a physician. The SSA–
published on October 18, 2007 at 75 FR repayment cannot be waived. 5072 is the employee’s personal
59132 we inadvertently labeled this ICR Respondents are beneficiaries who have physician’s order form. The information
as an extension. It is, in fact, a revision overpayments on their Title VIII record collected on the SSA–5072 gives the
in order to reflect both versions of the and wish to file a claim for waiver of nurses the guidance they need by law to
form HA–504. Also, we are correcting recovery or change in repayment rate. perform certain medical procedures and
the burden data from 660,000 Type of Request: Extension of an to administer prescription medications
respondents and 11,000 burden hours to OMB-approved information collection. such as allergy immunotherapy. Also,
600,000 respondents and 10,000 burden Number of Respondents: 450. the information collected by the SSA–
hours. Frequency of Response: 1. 5072 allows the SSA Medical Officer to
4. Request for Waiver of Special Average Burden per Response: 120 determine whether the treatment can be
Veterans Benefits (SVB) Overpayment minutes. administered safely and appropriately
Recovery or Change in Repayment Total Annual Burden: 900 hours. in the SSA Employee Health Units. Each
Rate—20 CFR 408.900–408.950, Correction Notice: We are correcting
State has a Nurse Practice Act governing
408.923(b), 408.931(b), 408.932(c), (d) information published on September 20,
the practice of registered nurses in the
and (e), 408.941(b) and 408.942—0960– 2007 at 72 FR 53803 and on November
State. All Nurse Practice Acts require
0698. Title VIII allows the payment of 5, 2007 at 72 FR 62510 to show updated
that registered nurses administer
a monthly benefit by the Commissioner burden information. We changed the
prescription medications and certain
of Social Security to a qualified World number of respondents from 39 to 450
medical treatments by following a
War II veteran who resides outside the and the burden hours from 78 to 900
United States. When an overpayment in hours. licensed physician’s orders. Form SSA–
SVB occurs, the beneficiary can use this 5. Request for Medical Treatment in 5072 provides the vehicle for the
form to request waiver of recovery of the an SSA Employee Health Facility: physician to provide these orders to the
overpayment or a change in the Patient Self-Administered or Staff SSA nursing staff. Respondents are
repayment rate. The SSA–2032–BK will Administered Care—0960–NEW. SSA physicians of SSA employees who need
be used to obtain the information operates Employee Health Clinics onsite to have medical treatment in the SSA
necessary to determine whether the in eight different states. These clinics Employee Health Unit.
provisions of the Act regarding waiver provide health care for all SSA Type of Request: Information
of recovery of the overpayment are met. employees including treatment of Collection in Use without an OMB
The information on the form is needed personal medical conditions when Number.

Average burden Estimated annual


Number of Frequency of Number of
Reporting method per response burden
respondents response responses (minutes) (hours)

Annual ...................................................................... 25 1 25 5 2
Bi-Annual .................................................................. 75 2 150 5 13

Totals ................................................................ 100 ........................ 175 .............................. 15

6. Sheltered Workshop Wage electronically reduces the cost of Security earnings information from SSA
Reporting—0960–NEW. administering the program. SSA uses using form SSA–7050. SSA uses the
the information collected to verify and information collected on the form to
Collection Background
post monthly wages to the SSI verify that the requestor is authorized to
Section 1612(1)(C) of the Social recipient’s record. Respondents are access the earnings record and to
Security Act (the Act) and 42 U.S.C. sheltered workshops that report produce the earnings statement. The
1382a define remuneration received for monthly wages for services performed respondents are wage earners and
services performed in a sheltered in the workshop. organizations and legal representatives
workshop as earned income for the SSI Type of Request: New information
authorized by the wage earner.
program. The amount of monthly wages collection.
Number of Respondents: 1,000. Type of Request: Extension of an
determines an individual’s SSI benefit
Frequency of Response: 12. OMB-approved information collection.
amount. Average Burden per Response: 15 Number of Respondents: 60,000.
Collection Description minutes.
Estimated Annual Burden: 3,000 Frequency of Response: 1.
SSA has maintained a working hours. Average Burden per Response: 11
relationship with sheltered workshops Correction Notice: We are updating minutes.
since the inception of the SSI program. information that was contained in the
Most workshops report monthly wage notices that were published at 72 FR Estimated Annual Burden: 11,000
totals to the local SSA office so that the 46529 on August 20, 2007 and 725 FR hours.
client’s SSI check is adjusted timely and 62510 on November 5, 2007. We are Dated: December 31, 2007.
overpayments are prevented. While changing the burden estimate from 5 to Elizabeth A. Davidson,
participation of the workshop is strictly 15 minutes. Reports Clearance Officer, Social Security
voluntary, they are highly motivated to 7. Request for Social Security
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Administration.
report the wages because it provides a Earnings Information—20 CFR 404.810
[FR Doc. E8–10 Filed 1–4–08; 8:45 am]
service to their clients. Sheltered & 401.100—0960–0525. The Social
BILLING CODE 4191–02–P
Workshop reporting reduces the number Security Act provides that a wage
of overpayments to SSI recipients. earner, or someone authorized by a
Processing these wage reports wage earner, may request Social

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