Timely Progress Provisions of the Ticket to Work Regulation 411.210(b)

Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules
(b) * * *
(2) For each delivery location,
changes in lists of approved delivery
facilities and delivery service providers,
including weighmasters and inspectors,
pursuant to previously set standards or
criteria;
8. In § 40.5, revise paragraphs (a)
introductory text and (c) introductory
text to read as follows:
§ 40.5 Voluntary submission of rules for
Commission review and approval.

sroberts on PROD1PC70 with PROPOSALS

(a) Request for approval of rules.
Pursuant to Section 5c(c) of the Act and
§§ 37.7, 38.4 and 39.4 of this chapter, a
registered entity may request that the
Commission approve a new or dormant
rule prior to implementation, or if
initially submitted under §§ 40.2 or 40.6
of this chapter, subsequent to
implementation. A submission
requesting approval shall:
*
*
*
*
*
(c) Commencement and extension of
time for review. The Commission shall
commence the review period in
paragraph (b) of this section ten
business days after receipt of a
compliant submission under § 40.4(b)(9)
and further may extend the review
period in paragraph (b) of this section
for:
*
*
*
*
*
9. Amend § 40.6 as follows:
A. Remove the term ‘‘designated
contract market or registered derivatives
clearing organization’’ and add in its
place the term ‘‘registered entity’’ in
paragraphs (a)(2), (c)(1), and (c)(3)(i);
B. Remove the term ‘‘designated
contract market or a registered
derivatives clearing organization’’ and
add in its place the term ‘‘registered
entity’’ in paragraph (c) introductory
text;
C. Remove the term ‘‘designated
contract markets and registered
derivatives clearing organizations’’ and
add in its place the term ‘‘registered
entities’’ in paragraph (c)(3)
introductory text;
D. Remove the term ‘‘contract market
or a derivatives clearing organization’s’’
and add in its place the term ‘‘registered
entity’s’’ in paragraph (c)(3)(ii)(B); and
E. In addition, revise the heading and
paragraphs (a), (c)(2)(iii), and (c)(2)(iv),
and add paragraphs (c)(2)(vii) through
(c)(2)(ix), (c)(3)(ii)(G) and (c)(3)(ii)(H) to
read as follows:
§ 40.6

Self-certification of rules.

(a) Required certification. Unless
permitted otherwise by § 37.7 of this
chapter, a registered entity must comply
with the following conditions prior to
the implementation of any rule that has
not obtained Commission approval

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under § 40.5 of this chapter or that
remains dormant subsequent to being
submitted under this section or
approved under § 40.5 of this chapter:
(1) * * *
(2) The registered entity has filed its
submission electronically with the
Secretary of the Commission at
submissions@cftc.gov, the Division of
Market Oversight at
DMOSubmissions@cftc.gov, and the
relevant branch chief at the regional
office having local jurisdiction over the
registered entity, in a format specified
by the Secretary of the Commission, and
the Commission has received the
submission at its headquarters by the
open of business on the business day
preceding implementation of the rule;
provided, however, rules or rule
amendments implemented under
procedures of the governing board to
respond to an emergency as defined in
§ 40.1, shall, if practicable, be filed with
the Commission prior to the
implementation or, if not practicable, be
filed with the Commission at the earliest
possible time after implementation, but
in no event more than twenty-four hours
after implementation; and
*
*
*
*
*
(c) * * *
(2) * * *
(iii) Index products. Routine changes
in the composition, computation, or
method of selection of component
entities of an index (other than routine
changes to securities indexes to the
extent that such changes are not
described in paragraph (c)(3)(ii)(F) of
this section) referenced and defined in
the product’s terms, that do not affect
the pricing basis of the index, which are
made by an independent third party
whose business relates to the collection
or dissemination of price information
and which was not formed solely for the
purpose of compiling an index for use
in connection with a futures or option
product;
(iv) Option contract terms. Changes to
option contract rules, which may
qualify for implementation without
notice pursuant to section (c)(3)(ii)(G) of
this section, relating to the strike price
listing procedures, strike price intervals,
and the listing of strike prices on a
discretionary basis;
(v) * * *
(vii) Approved brands. Changes in
lists of approved brands or markings
pursuant to previously certified or
Commission approved standards or
criteria;
(viii) Delivery facilities and delivery
service providers. Changes in lists of
approved delivery facilities and delivery
service providers, including

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45191

weighmasters, assayers, and inspectors,
pursuant to previously certified or
Commission approved standards or
criteria; or
(ix) Trading Months. Changes to the
listing of trading months, which may
qualify for implementation without
notice pursuant to section (c)(3)(ii)(H),
within the currently established cycle of
trading months which do not have open
interest.
(3) * * *
(ii) * * *
(G) Option contract terms. For
registered entities that are in
compliance with the daily reporting
requirements of § 16.01(b) of this
chapter, changes to option contract rules
relating to the strike price listing
procedures, strike price intervals, and
the listing of strike prices on a
discretionary basis.
(H) Trading Months. For registered
entities that are in compliance with the
daily reporting requirements of
§ 16.01(a) of this chapter, changes to the
listing of trading months which are
within the currently established cycle of
trading months and which do not have
open interest.
*
*
*
*
*
Issued in Washington, DC, on August 1,
2007 by the Commission.
Eileen A. Donovan,
Acting Secretary of the Commission.
[FR Doc. E7–15370 Filed 8–10–07; 8:45 am]
BILLING CODE 6351–01–P

SOCIAL SECURITY ADMINISTRATION
20 CFR Part 411
[Docket No. SSA–2006–0084]
RIN 0960–AG44

Improvements to the Ticket to Work
and Self-Sufficiency Program
Social Security Administration.
Notice of proposed rulemaking.

AGENCY:
ACTION:

SUMMARY: We are proposing to revise
our regulations for the Ticket to Work
and Self-Sufficiency Program (Ticket to
Work program), authorized by the
Ticket to Work and Work Incentives
Improvement Act of 1999. The Ticket to
Work program provides beneficiaries
with disabilities expanded options for
access to employment, vocational
rehabilitation, and other support
services. The program is an important
part of the comprehensive SSA work
opportunity initiative which is focused
on helping beneficiaries with
disabilities who want to work to do so.
We are proposing revisions to our

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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules

current Ticket to Work program rules to
simplify and improve the definition of
‘‘using a ticket’’ and our related
requirements for measuring ‘‘timely
progress toward self-supporting
employment.’’
DATES: To be sure your comments are
considered, we must receive them by
October 12, 2007.
ADDRESSES: You may give us your
comments by: using the Federal
eRulemaking Portal: http://
www.regulations.gov; e-mail to
regulations@ssa.gov; FAX to (410) 966–
2830; or letter to the Commissioner of
Social Security, P.O. Box 17703,
Baltimore, MD 21235–7703. You may
also deliver them to the Office of
Regulations, Social Security
Administration, 107 Altmeyer Building,
6401 Security Boulevard, Baltimore, MD
21235–6401, between 8 a.m. and 4:30
p.m. on regular business days. You may
also inspect the comments on regular
business days by making arrangements
with the contact person shown in the
preamble.
FOR FURTHER INFORMATION CONTACT: Dan
O’Brien, Office of Employment Support
Programs, Social Security
Administration, 107 Altmeyer Building,
6401 Security Boulevard, Baltimore, MD
21235–6401, e-mail to
regulations@ssa.gov, or telephone (410)
597–1632 or TTY (410) 966–5609 for
information about these rules. 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, http://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:

sroberts on PROD1PC70 with PROPOSALS

Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at http://
www.gpoaccess.gov/fr/index.html.

Pub. L. No. 106–170, 113 Stat. 1860,
1863). These proposed revisions to our
regulations are based on our experience
implementing the existing rules and
comments made in response to our
request for comment in the Notice of
Proposed Rulemaking (NPRM) that we
published on September 30, 2005 (70 FR
57222, 57227). In that NPRM, we asked
for comment on, among other things,
whether and how we should simplify
the definition of ‘‘using a ticket’’ and on
how we might revise the timely progress
requirements set forth in our current
rules.
As part of the Ticket to Work
program, the Commissioner of Social
Security (the Commissioner) issues a
‘‘ticket’’ to eligible Social Security
disability beneficiaries and to eligible
disabled or blind Supplemental Security
Income (SSI) beneficiaries for
participation in the program. In this
voluntary program, each beneficiary
receiving a ticket has the option of using
that ticket to obtain services from a
provider known as an employment
network (EN) or from a State vocational
rehabilitation (VR) agency. ENs may
also choose to whom they provide
services. If the beneficiary and an EN or
State VR agency agree to work together,
the beneficiary and the EN or State VR
agency will develop either an individual
work plan (IWP) or an individualized
plan for employment (IPE) which
outlines any employment services,
vocational rehabilitation services, and
other support services necessary to
assist the beneficiary to obtain and
ultimately maintain self-supporting
employment. The EN or State VR agency
will provide, without charge to the
beneficiary, the services outlined in the
IWP or IPE. If the beneficiary achieves
certain work outcomes, we will pay the
EN or State VR agency for those
outcomes based on an established
payment schedule.

Background

Issues Addressed in These Proposed
Rules

The Ticket to Work and Work Incentives
Improvement Act of 1999
Public Law 106–170 was enacted on
December 17, 1999. This law added
section 1148 of the Social Security Act
(Act), which directs the Commissioner
of Social Security to establish the Ticket
to Work program. Congress provided for
the establishment of the Ticket to Work
program to provide beneficiaries with a
‘‘real choice in obtaining the services
and technology they need to find, enter,
and maintain employment’’ in order to
‘‘greatly improve their short and longterm financial independence and
personal well-being’’ (section 2(a)(10) of

These proposed changes to our rules
on ‘‘using a ticket’’ and the related
timely progress requirements are
integral to the operation of the Ticket to
Work program and are essential to the
overall changes we proposed for the
program in the September 30, 2005
NPRM. We anticipate issuing one
comprehensive final regulation covering
the matters addressed in the 2005
NPRM and in this NPRM. In this NPRM,
we are proposing changes to our rules
for the Ticket to Work program in areas
that were not addressed in the
September 2005 NPRM. We describe the
main changes we are proposing below:

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• So that the program will be more
accessible to beneficiaries who require
additional training to return to work, we
propose to add requirements for
educational or technical training to
supplement the work requirements
under the timely progress guidelines for
beneficiaries;
• We propose to revise the work
requirements under the timely progress
guidelines and the documentation and
other requirements for progress reviews
to simplify and streamline the process
for determining whether a beneficiary is
making timely progress toward selfsupporting employment;
• We propose to eliminate the current
‘‘initial 24-month period’’ after ticket
assignment during which a beneficiary
is considered to be making timely
progress if actively participating in his
or her employment plan;
• We propose to replace this 24month period with two successive 12month progress certification periods
during each of which the beneficiary
must complete either a work
requirement of an educational or
technical training requirement in order
to be considered to be making timely
progress until the next scheduled
progress review; and
• We propose to recognize one-stop
delivery systems established under the
program of the U.S. Department of Labor
under subtitle B of title I of the
Workforce Investment Act of 1998 as
qualified ENs.
’’Using a Ticket’’ and Related Timely
Progress Rules
Section 1148(i) of the Social Security
Act (42 U.S.C. 1320b–19(i)) provides
that ‘‘[d]uring any period for which an
individual is using * * * a ticket to
work and self-sufficiency issued under
this section, the Commissioner (and any
applicable State agency) may not initiate
a continuing disability review * * *.’’
Section 1148(i) also directs the
Commissioner to define the term ‘‘using
a ticket’’ for this purpose. Our current
rules (§ 411.170) provide that ‘‘[t]he
period of using a ticket begins on the
effective date of the assignment of your
ticket to an EN or State VR agency under
§ 411.140.’’ They provide in § 411.171
that the period of using a ticket will end
with the ‘‘day before the effective date
of a decision * * * that you are no
longer making timely progress toward
self-supporting employment.’’ The
period of using a ticket may end earlier,
if certain other events occur. The
current rules further provide in
§ 411.180(a) that ‘‘[w]e consider you to
be making timely progress toward selfsupporting employment when you show
an increasing ability to work at levels

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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules
which will reduce or eliminate your
dependence on these [disability or
blindness] benefits.’’
Section 411.180(c) of our current rules
explains the guidelines we use to
determine whether timely progress
toward self-supporting employment is
being made. Among other things, these
guidelines include a goal of three
months of work during the 12-month
period that begins after the 24th month
following the assignment of a ticket to
an EN or State VR agency, as described
in § 411.140. For subsequent 12-month
periods, the current rules require work
(as defined in § 411.185) for at least six
of the 12 months.
We sought to balance two important
objectives in establishing the current
rules on using a ticket and related
timely progress guidelines. First, we
sought to define ‘‘using a ticket’’ in a
way that should reduce a barrier to
beneficiary participation in the program
that arises from fear that a return to
work would cause benefits to be
terminated in a continuing disability
review. Second, we sought to maintain
the integrity of the disability programs
by providing that beneficiaries who
have medically improved do not
continue to receive disability benefits
for an undue length of time. Properly
balancing these objectives remains our
goal.
During the comment period we
provided in the September 30, 2005
NPRM, we received numerous
comments that educational programs
should be equated with work for the
purposes of determining timely progress

under the Ticket to Work program. We
agree with commenters who suggested
that disruption of the pursuit of an
education program, as our current
requirements have the potential to do, is
a counterproductive policy. Therefore,
in this NPRM, we propose adding an
educational and technical training
requirement to supplement the work
requirement, so that the program will be
more accessible to beneficiaries who
require additional training to return to
work.
We are also proposing to eliminate the
current ‘‘initial 24-month period’’
during which a beneficiary is
considered to be making timely progress
toward self-supporting employment if
actively participating in his or her
employment plan. We propose to
eliminate this provision which requires
only active participation in the plan for
the beneficiary to be considered ‘‘using
a ticket,’’ and therefore protected from
initiation of a medical continuing
disability review (CDR), during the first
two years of participation in the
program. We also propose to eliminate
the current 24-month progress review,
which a beneficiary must successfully
complete in order to continue to be
considered making timely progress and
receive CDR protection during the third
year of participation. For CDR
protection to continue, the program
manager must determine in this review
that the beneficiary is actively
participating in the employment plan;
that the plan has a work goal meeting
the work requirement for the third year
of participation; and that, given the

45193

beneficiary’s current progress in the
plan, he or she can reasonably be
expected to reach this goal by the end
of the third year of participation. We are
also proposing to eliminate the second
step of the current 12-month progress
reviews, which requires an expectation
by both the beneficiary and the EN or
State VR agency that the beneficiary will
work at the level required during the
next 12-month progress review period.
We are proposing to replace the
‘‘initial 24-month period’’ with two
successive 12-month progress
certification periods during each of
which the beneficiary must complete
either a work requirement or an
educational or technical training
requirement in order to be considered to
be making timely progress until the next
scheduled progress review. Thus, while
our current rules require a specified
level of work beginning with the third
year of participation, these proposed
rules would require a specified level of
work activity (or coursework in an
educational or technical training
program) beginning with the first year of
participation in the Ticket to Work
program.
The table below summarizes the basic
changes we are proposing to make to the
definition of ‘‘using a ticket’’ and
‘‘timely progress’’ for purposes of
maintaining CDR protection. In the table
below, we use the term ‘‘SSDI’’ to refer
to all categories of Social Security
disability benefits under title II, and the
term ‘‘SSI’’ to refer to Supplemental
Security Income payments under title
XVI based on disability or blindness.

Existing regulations

Proposed changes

1. Ticket first assigned to an EN or State VR agency.
2A. Timely progress defined for current period:
• First 2 years: active participation in plan.
2B. Timely progress defined for purposes of maintaining CDR protection until next scheduled review.
• At the end of 2 years: successful completion of 24-month
progress review.
• 3rd year: 3 months substantial gainful activity (SGA).1
• 4th year: 6 months SGA.1
• 5th year and beyond: 6 months of work at level precluding payment of SSDI and Federal SSI benefits.1

1. Ticket first assigned to an EN or State VR agency acting as an EN,
or otherwise in use with State VR agency choosing cost reimbursement.
2. Timely progress defined for purposes of maintaining CDR protection
until next scheduled review.
• 1st year: 3 months of work at trial work level (TWL) or 24 postsecondary credit hours or 50% vocational training program.
• 2nd year: 6 months of work at TWL or 50 post-secondary credit
hours or 100% vocational training program.
• 3rd year: 9 months SGA or 70 post-secondary credit hours.
• 4th year: 9 months SGA or 100 post-secondary credit hours.
• 5th year: 6 months of work at level precluding payment of SSDI
and Federal SSI benefits or earned a 4 year degree.
• 6th year and beyond: 6 months of work at level precluding payment of SSDI and Federal SSI benefits.

sroberts on PROD1PC70 with PROPOSALS

1 Also both beneficiary and EN or State VR agency must expect beneficiary will meet work requirement for next 12-month progress review
period.

In addition, these proposed rules
address concerns expressed by ENs and
State VR agencies that the current rules
are unnecessarily burdensome.
Comments received from some State VR
agencies noted that the request for
information received from the program

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manager (PM) in connection with a 12month progress review under the timely
progress guidelines required the State
VR agency to submit evidence of a
beneficiary’s earnings. The commenters
expressed the view that this represented
a huge and largely unnecessary

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administrative burden for State VR
agencies. Based on the comments from
the State VR agencies and ENs, we
propose to change the timely progress
requirements to simplify reporting of
information for the progress reviews.
These proposed rules would generally

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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules

define ‘‘timely progress’’ based on the
achievement of milestones and
outcomes under the EN payment
systems proposed in the September 30,
2005 NPRM. The comments we received
on the proposed expansion of the
milestones were generally positive. We
did not receive any negative comments
that would cause us to change the
proposed number of milestones or the
periods and levels of work required for
the milestones when developing final
rules. The level of work and earnings
required for outcome payments is
mandated by the statute.
In that NPRM, we proposed a twophased milestone system. Phase 1
milestones would be based on the
beneficiary working specified periods of
time at the trial work period level. For
example, the second Phase 1 milestone
would be achieved when a beneficiary
works three months and has earnings in
each of those months at the level for a
trial work service month. This is the
same standard which we propose for the
work requirement during the first 12month progress certification period in
these proposed rules. We also propose
to use the trial work earnings level for
the six months of work which would be
required during the second 12-month
progress certification period.
A Phase 2 milestone would be
achieved when a beneficiary works in a
month and has gross earnings above the
SGA threshold amount. We are
proposing to use this same level of
monthly earnings for the proposed nine
months of work which would be
required during the third and fourth 12month progress certification periods.
The level of earnings for the six months
of work which would be required
during the fifth and subsequent 12month progress certification periods
would be based on the earnings criteria
for an outcome payment month under
the EN payment systems. An outcome
payment month occurs when a
beneficiary’s work or earnings are
sufficient to preclude payment of Social
Security disability benefits and Federal
SSI cash benefits.
These proposed changes to the work
requirements under the timely progress
guidelines would allow us to determine
administratively, without unnecessarily
burdening the beneficiary or EN or State
VR agency with requests for
information, whether a beneficiary is
making timely progress based on
information in our EN/State VR agency
payment records or our records of the
beneficiary’s earnings.
These proposed rules incorporate
certain aspects of the proposed rules in
the September 2005 NPRM, which
would provide that a beneficiary who

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has a ticket otherwise available for
assignment and who is receiving
services under an IPE from a State VR
agency which has chosen to be paid
under the cost reimbursement payment
system will be considered to be ‘‘using
a ticket,’’ provided that the beneficiary
is making timely progress toward selfsupporting employment. The September
2005 NPRM also proposed that: (1) The
ticket of a beneficiary in this situation
would not be assigned to the State VR
agency; (2) the beneficiary may assign
his or her ticket after State VR services
end; and (3) the period of using a ticket
for such a beneficiary would end 90
days after State VR services end.
In these proposed rules, we are
proposing to change the duration of the
‘‘extension period’’ described in
§§ 411.166 and 411.220 from three
months to 90 days. We are proposing
this change to conform to the proposed
90-day period included in the
September 2005 NPRM during which
the ticket of a beneficiary in the
situation described above may be
considered ‘‘in use’’ after State VR
services end.
In proposed § 411.226, we explain
how we will apply the new timely
progress provisions to a beneficiary who
assigned his or her ticket prior to the
effective date of the new rules.
Beneficiaries already using a ticket
assigned to a State VR agency that chose
to be paid under the cost reimbursement
payment system, may continue using a
ticket under the new rules in subpart C.
The new rules include provisions for
transitioning to the revised timely
progress guidelines.
However, the beneficiary’s ticket will
no longer be considered assigned to that
State VR agency beginning on the
effective date of the final regulations.
We also explain that the beneficiary
may assign his or her ticket after the
State VR agency has closed his or her
case.
Participation of One-Stop Delivery
Systems as Employment Networks
Section 1148(f)(1)(B) of the Social
Security Act (42 U.S.C. 1320b–
19(f)(1)(B)) provides that an
employment network serving under the
Ticket to Work program ‘‘may consist of
a one-stop delivery system established
under subtitle B of title I of the
Workforce Investment Act of 1998.’’ Our
regulation at 20 CFR 411.305(c) states
the same proposition. We are proposing
to amend subpart E, §§ 411.310 and
411.315, to further state that one-stop
delivery systems under subtitle B of title
I of the Workforce Investment Act of
1998 may participate in the Ticket to
Work program as ENs without

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responding to our request for proposal
(RFP). In light of the nature of the onestop systems and the statutory reference
to them, we are simplifying the approval
process for one-stop systems. We have
consulted with the Department of Labor,
the Federal agency responsible for
oversight of the program for the onestop delivery systems, regarding the
entities that comprise one-stop systems
and, based on those consultations, we
have determined they meet our EN
requirements. A one-stop delivery
system still must enter into an
agreement with us to serve as an EN
under the Ticket to Work program and
must maintain compliance with the
rules that apply to ENs. We will seek to
work with the appropriate entities that
can enter into EN agreements with us.
We believe this change, which would
eliminate the RFP process for one-stop
systems, will provide our beneficiaries
with more choices because it would
greatly expand the number of ENs for
ticket holders living in all areas of the
United States, particularly in counties
where no ENs are currently qualified.
Issues Addressed in September 2005
Proposed Rules and Why This Second
NPRM Is Necessary
On September 30, 2005, we published
an NPRM (70 FR 57222) proposing some
important changes to the existing Ticket
to Work program rules. In that NPRM,
we proposed changes to the EN payment
systems to provide greater incentives for
EN participation; to eliminate the
requirement for assignment of a
beneficiary’s ticket to a State VR agency
which chooses the cost reimbursement
payment system; and to include a rule
providing that the ticket of such a
beneficiary would be assignable after
State VR services end. We also proposed
in that NPRM that, for a beneficiary who
has a ticket which would otherwise be
available for assignment and who is
receiving services under an IPE from a
State VR agency which has chosen the
cost reimbursement payment system,
the beneficiary will be considered to be
‘‘using a ticket’’ until 90 days after VR
services end, provided the beneficiary is
making timely progress toward selfsupporting employment.
In the September 2005 NPRM, we
invited comments from the public on
four additional matters. Two of these
matters addressed specific changes in
our rules proposed in the NPRM. One
matter addressed in the NPRM
concerned evidence requirements for
EN payment; the other matter addressed
payment of Phase 1 milestones after
State VR services have been completed.
We received public comments on both
of these subjects, and will address these

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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules
comments in our final Ticket to Work
program rules.
The other two matters outlined in the
September 2005 NPRM for which we
invited public comments did not
involve specific proposed changes to
our current rules. (70 FR at 57227.)
Rather, we requested comments on
questions which we presented
concerning whether and how we should
proceed to develop specific proposed
changes. The first of these questions is
whether a beneficiary should be eligible
for more than one ticket in a single
period of entitlement to title II or title
XVI benefits. Our current rules provide
for only one ticket for each period of
entitlement. A number of comments that
we received in response to this request
pointed out that, in order to sustain
gainful employment, many beneficiaries
require ongoing support services beyond
the period of time over which Milestone
or Outcome payments are made. For
example, beneficiaries with physical
disabilities may require specialized
transportation services over an
indefinite period to get to and from the
worksite, and, thus, may require a
longer period of employment support in
order to sustain employment. We
recognize the concern expressed by the
commenters that beneficiaries in some
cases may need ongoing supports to
sustain employment beyond the period
of time over which Milestone or
Outcome payments are made. However,
we have decided not to propose any
changes to our rules in this area at this
time.
The second question on which we
invited comment was whether and how
we should simplify the definition of
‘‘using a ticket’’ under the Ticket to
Work program and how we might best
revise the timely progress requirements
consistent with the intent of the
legislation. It is primarily this question
which we are addressing in this NPRM.
As described earlier, this NPRM sets
forth proposed changes in our rules to
simplify the definition of ‘‘using a
ticket’’ and to improve the related
timely progress requirements. We
believe that these proposed changes will
provide greater opportunities for
beneficiaries to participate in the Ticket
to Work program and enhance their
potential for a successful outcome.
Since these proposed changes are
integral to the overall operation of the
Ticket to Work program, we believe that
it would be unwise to make final
changes in the areas addressed by the
September 30, 2005 NPRM before we
make final changes in areas addressed
by this NPRM. Issuing two separate final
rules might both confuse our
beneficiaries and impose a significant

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Jkt 211001

administrative burden on ENs and State
VR agencies, which would be required
to make two sets of operational changes
based on two separate final rules.
Accordingly, we intend to issue one
comprehensive final rule on the Ticket
to Work program in response to both the
September 2005 NPRM and this NPRM.
Regulatory Procedures
Clarity of These Proposed Rules
Executive Order 12866, as amended,
requires each agency to write all rules
in plain language. In addition to your
substantive comments on these
proposed rules, we invite your
comments on how to make these
proposed rules easier to understand. For
example:
• Have we organized the material to
suit your needs?
• Are the requirements in the rules
clearly stated?
• Do the rules contain technical
language or jargon that is not clear?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rules easier to
understand?
• Would more (but shorter) sections
be better?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rules easier to understand?
Executive Order 12866
We have consulted with the Office of
Management and Budget (OMB) and
determined that these proposed rules
are subject to OMB review because they
meet the criteria for a significant
regulatory action under Executive Order
12866, as amended. The Office of the
Chief Actuary estimates that these
proposed rules, if finalized in
conjunction with the other provisions of
expected final rules for the Ticket to
Work program resulting from the NPRM
published September 30, 2005 (70 FR
57222), would reduce the total cost of
the combined final rules. Specifically,
that Office estimates that the projected
increased program outlays which would
result from the adoption of the rules
proposed in the September 2005 NPRM,
which are described in that NPRM in
the section ‘‘Executive Order 12866’’ (70
FR at 57228), would be reduced by the
following amounts ($ in millions) if the
rules we are now proposing and the
September 2005 proposed rules were
adopted in a combined final rule.
The main reason for this reduction in
cost relative to the September 2005
proposed rules is that the current
proposed rule would make changes to
the timely progress specifications that

PO 00000

Frm 00019

Fmt 4702

Sfmt 4702

are used to determine whether a ticket
is in use and thus subject to certain
protections against the possibility of
benefit termination through a medical
continuing disability review (CDR). The
net effect of these changes is to shorten
the duration of the CDR protection by
about 24 months on average.
Fiscal year

SSDI

SSI

Total

2008 ..............
2009 ..............
2010 ..............
2011 ..............
2012 ..............
2013 ..............
2014 ..............
2015 ..............
2016 ..............
2017 ..............
Totals:
2008–12 ....
2008–17 ....

..........
..........
¥8
¥27
¥50
¥59
¥65
¥69
¥72
¥73

$<1
¥1
$<1
¥1
¥3
¥4
¥3
¥3
¥3
¥8

$<1
¥1
¥8
¥27
¥53
¥63
¥68
¥72
¥75
¥82

¥85
¥423

¥5
¥26

¥90
¥449

(Totals may not equal the sum of components due to rounding.)

Regulatory Flexibility Act
We certify that these proposed rules
would not have a significant economic
impact on a substantial number of small
entities because they would primarily
affect only individuals and those
entities that voluntarily enter into a
contractual agreement with us.
Accordingly, a regulatory flexibility
analysis as provided in the Regulatory
Flexibility Act, as amended, is not
required.
Federalism
We have reviewed these proposed
rules under the threshold criteria of
Executive Order 13132, ‘‘Federalism,’’
and determined that they do not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. These proposed
rules will complement and enhance the
existing State vocational rehabilitation
program.
Paperwork Reduction Act
We are proposing to amend our
regulations for the Ticket to Work and
Self-Sufficiency Program, authorized
under section 1148 of the Social
Security Act. The Ticket to Work
program provides beneficiaries with
disabilities expanded options for access
to employment, vocational
rehabilitation, and other support
services. We are proposing changes to
our current Ticket to Work program
rules to simplify and improve the
definition of ‘‘using a ticket’’ and our
related requirements for measuring

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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules

‘‘timely progress toward self-supporting
employment.’’ As outlined in the table
below, proposed §§ 411.192(b) and (c)
and 411.210(b) require beneficiaries to
submit a written request to the Program
Manager (PM) to place a ticket in
inactive status, reactivate a ticket, or be
reinstated to in-use status. In addition,
proposed § 411.200(b) requires
beneficiaries, ENs and State VR
agencies, when requested by the PM, to

submit information the PM requires to
determine if the beneficiary has met the
timely progress guidelines. The
requirement for beneficiaries to make a
written request to change the status of
their ticket, and the requirement for
beneficiaries, ENs and State VR agencies
to submit information requested by the
PM, are public paperwork reporting
burdens that require OMB clearance
under the Paperwork Reduction Act of
Annual number of respondents

Title/section & collection description

Ticket to Work program § 411.192(b) and (c) What choices do I have if I am
temporarily unable to make timely progress toward self-supporting employment?
Ticket to Work program § 411.200(b) How will the PM conduct my progress
reviews?
Ticket to Work program § 411.210(b) What happens if I do not make timely
progress toward self-supporting employment?

sroberts on PROD1PC70 with PROPOSALS

Total

An Information Collection Request
has been submitted to OMB for
clearance. We are soliciting comments
on the burden estimate; the need for the
information; its practical utility; ways to
enhance its quality, utility and clarity;
and on ways to minimize the burden on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Comments should be sent to OMB by
fax or by e-mail to: Office of
Management and Budget, Attn: Desk
Officer for SSA, Fax Number: 202–395–
6974, E-mail address:
OIRA_Submission@omb.eop.gov.
Comments on the paperwork burdens
associated with this rule will be
accepted for up to 60 days after
publication of this notice and will be
most useful if received within 30 days
of publication. Our suggestion of early
comments does not affect the deadline
for the public to submit comments to
SSA on the proposed regulations.
These information collection
requirements will not become effective
until approved by OMB. When OMB has
approved these information collection
requirements, SSA will publish a notice
in the Federal Register. To receive a
copy of the OMB clearance package, you
may call the SSA Reports Clearance
Officer on 410–965–0454.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance; and
96.006, Supplemental Security Income)

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17:24 Aug 10, 2007

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500

27,000

One time .....

15

6,750

3,145

One time .....

30

1,573

31,145

.....................

........................

8,823

PART 411—THE TICKET TO WORK
AND SELF-SUFFICIENCY PROGRAM
1. Revise the authority citation for
part 411 to read as follows:
Authority: Secs. 702(a)(5) and 1148 of the
Social Security Act (42 U.S.C. 902(a)(5) and
1320b–19); sec. 101(b)–(e), Pub. L. 106–170,
113 Stat. 1860, 1873 (42 U.S.C. 1320b–19
note).

Subpart C—[Amended]
2. Revise § 411.166 to read as follows:
Glossary of terms used in this

(a) Using a ticket means you have
assigned a ticket to an Employment
Network (EN) or a State VR agency that
has elected to serve you as an EN, and
you are making timely progress toward
self-supporting employment as defined
in § 411.180; or you have a ticket that
would otherwise be available for

Fmt 4702

Sfmt 4702

Estimated annual burden
(hours)

30

For the reasons set out in the
preamble, we are proposing to amend
subparts C and E of part 411 of chapter
III of title 20 of the Code of Federal
Regulations as set forth below:

Frm 00020

Average burden per response (minutes)

One time .....

Dated: August 3, 2007.
Michael J. Astrue,
Commissioner of Social Security.

PO 00000

Frequency of
response

1,000

List of Subjects in 20 CFR Part 411
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors, and Disability
insurance, Reporting and recordkeeping
requirements, Social Security,
Supplemental security income, Public
assistance programs, Vocational
rehabilitation.

§ 411.166
subpart.

1995. Respondents to these collections
are Social Security disability
beneficiaries, disabled or blind
supplemental security income
beneficiaries, and ENs and State VR
agencies working with these
beneficiaries. These burdens are a result
of the agency’s consideration of public
comments received from the September
30, 2005, Ticket to Work and SelfSufficiency Program NPRM.

assignment and are receiving VR
services pursuant to an individualized
plan for employment (IPE) and the State
VR agency has chosen to be paid for
these services under the cost
reimbursement payment system, and
you are making timely progress toward
self-supporting employment as defined
in § 411.180. (See § 411.171 for when
the period of using a ticket ends.)
(b) Timely progress toward selfsupporting employment means you
have completed the specified goals of
work and earnings, completed postsecondary education credits at an
educational institution (see § 411.167)
in pursuit of a degree or certificate, or
completed course requirements for a
vocational or technical training program
at an educational institution consisting
of a technical, trade or vocational school
(see § 411.167), in the applicable
progress certification period as
described in § 411.180.
(c) Timely progress guidelines mean
the guidelines we use to determine if
you are making timely progress toward
self-supporting employment (see
§ 411.180).
(d) Progress certification period
means any 12-month progress
certification period described in
§ 411.180(b).
(e) Progress review means the reviews
the PM conducts to determine if you are
meeting the timely progress guidelines
described in § 411.180. We explain the
method for conducting progress reviews
in § 411.200.
(f) Extension period is a period of up
to 90 days during which you may
reassign a ticket without being subject to

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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules
continuing disability reviews. You may
be eligible for an extension period if the
ticket is in use and no longer assigned
to an EN or State VR agency acting as
an EN (see § 411.220).
(g) Inactive status is a status in which
you may place your ticket if you are
temporarily unable to make timely
progress toward self-supporting
employment during a progress
certification period. See § 411.192 for
the rules on placing your ticket in
inactive status and on reactivating your
ticket.
3. Add § 411.167 to read as follows:
§ 411.167 What is an educational
institution or a technical, trade or
vocational school?

(a) Educational institution means a
school (including a technical, trade, or
vocational school), junior college,
college or university that is: operated or
directly supported by the United States;
operated or directly supported by any
State or local government or by a
political subdivision of any State or
local government; or approved by a
State agency or subdivision of the State,
or accredited by a State-recognized or
nationally recognized accrediting body.
(b) Technical, trade or vocational
school is an educational institution that
is approved by a State agency or
subdivision of the State or accredited by
a State-recognized or nationally
recognized accrediting body to provide
technical, trade or vocational training.
(c) State-recognized accrediting body
means an entity designated or
recognized by a State as the proper
authority for accrediting schools,
colleges or universities.
(d) Nationally recognized accrediting
body means an entity determined to be
such by the U.S. Department of
Education.
(e) Approval by a State agency or
subdivision of the State includes
approval of a school, college or
university as an educational institution,
or approval of one or more of the
courses offered by a school, college or
university.
4. Revise paragraph (b) of § 411.171 to
read as follows:
§ 411.171 When does the period of using
a ticket end?

sroberts on PROD1PC70 with PROPOSALS

*

*
*
*
*
(b) The day before the effective date
of a decision under § 411.200 or
§ 411.205 that you are no longer making
timely progress toward self-supporting
employment;
*
*
*
*
*
5. Revise § 411.180 to read as follows:

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Jkt 211001

§ 411.180 What is timely progress toward
self-supporting employment?

(a) General. We consider you to be
making timely progress toward selfsupporting employment when you show
progress toward the ability to work at
levels which will reduce your
dependence on Social Security
disability benefits or SSI benefits. We
will also consider you to be making
timely progress if you show progress
toward obtaining an educational degree
or certificate, or vocational or technical
training that will enhance your ability to
return to work.
(b) 12-month progress certification
periods. The first 12-month progress
certification period begins with the
month following the month in which
you first assigned your ticket, or the
month after you have a ticket that would
otherwise be available for assignment
and are receiving VR services under an
IPE from a State VR agency which has
chosen to be paid under the cost
reimbursement payment system. Any
subsequent 12-month progress
certification period will begin with the
month following the end of the previous
12-month progress certification period.
In computing any 12-month progress
certification period, we do not count
any month during which—
(1)(i) Your ticket is not assigned; and
(ii) You have a ticket available for
assignment and are not receiving
services under an IPE from a State VR
agency which chose the cost
reimbursement payment system; or
(2) Your ticket is in inactive status
(see § 411.192).
(c) We will determine if you are
making timely progress toward selfsupporting employment by using the
following guidelines:
(1) During the first 12-month progress
certification period, you must be making
timely progress as follows:
(i) You must have worked in at least
three months within this 12-month
period and have earnings in each of
those three months that are equal to or
greater than the amount representing a
trial work service month (see
§ 404.1592(b) of this chapter); or
(ii) You must have been enrolled in a
four-year degree or certification program
at an educational institution and have
completed at least 24 post-secondary
credit hours, or the equivalent of one
academic year of full-time study, in the
program by the end of this 12-month
period; or
(iii) You must have been enrolled in
a vocational or technical training
program at an educational institution
consisting of a technical, trade or
vocational school and have completed
at least 50 percent of the course

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45197

requirements of the program by the end
of this 12-month period.
(2) During the second 12-month
progress certification period, at the
conclusion of 24 months of ticket use,
you must be making timely progress as
follows:
(i) You must have worked in at least
six months within this 12-month period
and have earnings in each of those six
months that are equal to or greater than
the amount representing a trial work
service month (see § 404.1592(b) of this
chapter); or
(ii) You must have been enrolled in a
four-year degree or certification program
at an educational institution and
completed a cumulative total of 50 postsecondary credit hours, or the
equivalent of two academic years of fulltime study, in the program by the end
of this 12-month period; or
(iii) You must have been enrolled in
a vocational or technical training
program at an educational institution
consisting of a technical, trade or
vocational school and have completed
the course requirements of the program
by the end of this 12-month period.
(3) During the third 12-month
progress certification period, at the
conclusion of 36 months of ticket use,
you must be making timely progress as
follows:
(i) You must have worked in at least
nine months within this 12-month
period and have gross earnings from
employment (or net earnings from selfemployment as defined in § 404.1080 of
this chapter) in each of those nine
months that are more than the SGA
threshold amount specified in
§ 404.1574(b)(2) of this chapter; or
(ii) You must have been enrolled in a
four-year degree or certification program
at an educational institution and
completed a cumulative total of 70 postsecondary credit hours, or the
equivalent of three academic years of
full-time study, in the program by the
end of this 12-month period.
(4) During the fourth 12-month
progress certification period, at the
conclusion of 48 months of ticket use,
you must be making timely progress as
follows:
(i) You must have worked in at least
nine months within this 12-month
period and have gross earnings from
employment (or net earnings from selfemployment as defined in § 404.1080 of
this chapter) in each of those nine
months that are more than the SGA
threshold amount specified in
§ 404.1574(b)(2) of this chapter; or
(ii) You must have been enrolled in a
four-year degree or certification program
at an educational institution and
completed a cumulative total of 100

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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules

post-secondary credit hours, or the
equivalent of four academic years of
full-time study, in the program by the
end of this 12-month period.
(5) During the fifth 12-month progress
certification period, at the conclusion of
60 months of ticket use, you must be
making timely progress as follows:
(i) You must have worked in at least
six months within this 12-month period
and have earnings in each of those six
months that preclude payment of Social
Security disability benefits and Federal
SSI cash benefits; or
(ii) You must have completed the
course work and earned a degree or
certificate from a four-year degree or
certification program at an educational
institution by the end of this 12-month
period.
(6) During all subsequent 12-month
progress certification periods, you must
have worked in at least six months
within the 12-month period and have
earnings in each of those six months
that preclude payment of Social
Security disability benefits and Federal
SSI cash benefits.
§ 411.185

[Removed]

6. Remove § 411.185.
§ 411.190

[Removed]

§ 411.195

7. Remove § 411.190.
8. Add § 411.192 to read as follows:

sroberts on PROD1PC70 with PROPOSALS

§ 411.192 What choices do I have if I am
temporarily unable to make timely progress
toward self-supporting employment?

(a) If you report to the PM that you are
temporarily unable to make timely
progress toward self-supporting
employment during a progress
certification period, the PM will give
you the choice of placing your ticket in
inactive status or, if applicable, taking
your ticket out of assignment.
(b) You may place your ticket in
inactive status at any time by submitting
a written request to the PM asking that
your ticket be placed in inactive status.
Your ticket will be placed in inactive
status beginning with the first day of the
month following the month in which
you make your request. You are not
considered to be using a ticket during
months in which your ticket is in
inactive status, thus you will be subject
to continuing disability reviews during
those months. The months in which
your ticket is in inactive status do not
count toward the time limitations for
making timely progress toward selfsupporting employment.
(c) You may reactivate your ticket and
return to in-use status if your ticket is
still assigned to an EN or State VR
agency acting as an EN. You may also
reactivate your ticket and return to in-

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17:02 Aug 10, 2007

use status if you have a ticket which
would otherwise be available for
assignment, you were receiving services
under an IPE from a State VR agency
which chose the cost reimbursement
payment system and your VR case has
not been closed by the State VR agency.
You may reactivate your ticket by
submitting a written request to the PM.
Your ticket will be reactivated
beginning with the first day of the
month following the month in which
the PM receives your request. The
progress certification period will resume
counting from the last month of in-use
status, and the next progress review will
be due when the progress certification
period has been completed. Earnings
from work, or completion of postsecondary education credits in a fouryear degree or certification program or
course requirements in a vocational or
technical training program, as described
in § 411.180, during the period your
ticket is in inactive status may be
counted toward meeting the
requirements for the next progress
review.
(d) You may take your ticket out of
assignment under § 411.145(a) at any
time.

Jkt 211001

[Removed]

9. Remove § 411.195.
10. Revise § 411.200 to read as
follows:
§ 411.200 How will the PM conduct my
progress reviews?

The PM will conduct a progress
review at the end of each 12-month
progress certification period.
(a) The PM will first review the
available administrative records to
determine if you completed the work
requirements as specified in § 411.180
in the applicable progress certification
period.
(b) If the administrative records do
not indicate that you met the work
requirements, the PM will contact either
you or your EN or State VR agency to
request additional information to
determine if you completed the work
requirements or have met the
educational or training requirements as
specified in § 411.180 in the applicable
progress certification period.
(c) If the PM finds that you completed
the work requirements or met the
educational or training requirements as
specified in § 411.180 in the applicable
progress certification period, the PM
will find that you are making timely
progress toward self-supporting
employment. On the basis of that
finding, we will consider you to be
making timely progress toward self-

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Fmt 4702

Sfmt 4702

supporting employment until your next
scheduled progress review.
(d) If the PM finds that you did not
complete the work requirements or meet
the educational or training requirements
as specified in § 411.180 in the
applicable progress certification period,
the PM will find that you are not
making timely progress toward selfsupporting employment. If the PM
makes such a finding, the PM will send
a written notice of the decision to you
at your last known address. This notice
will explain the reasons for the decision
and inform you of the right to ask us to
review the decision. This decision will
be effective 30 days after the date on
which the PM sends the notice of the
decision to you, unless you request that
we review the decision under § 411.205.
11. In § 411.210, revise paragraph (b),
the heading of paragraph (c), and the
fourth sentences of both paragraphs
(c)(1) and (c)(2) to read as follows:
§ 411.210 What happens if I do not make
timely progress toward self-supporting
employment?

*

*
*
*
*
(b) Re-entering in-use status. If you
failed to meet the timely progress
guidelines for a 12-month progress
certification period and you believe that
you have now met the applicable
requirements for that progress
certification period as described in
§ 411.180, you may request that you be
reinstated to in-use status. In order to do
so, you must submit a written request to
the PM asking that you be reinstated to
in-use status and you must provide
evidence showing that you have met the
applicable requirements for the progress
certification period. The PM will decide
whether you have satisfied the
applicable requirements for the progress
certification period and may be
reinstated to in-use status. If the PM
determines you have met the applicable
requirements for the progress
certification period, you will be
reinstated to in-use status, provided that
your ticket is assigned to an EN or State
VR agency acting as an EN, or you have
a ticket which would otherwise be
available for assignment and you are
receiving services under an IPE from a
State VR agency which has chosen the
cost reimbursement payment system.
See paragraph (c) of this section for
when your reinstatement to in-use
status will be effective. After you are
reinstated to in-use status, your next 12month progress certification period will
begin.
(c) Decisions on re-entering in-use
status. (1) * * * If the PM decides that
you have satisfied the requirements for
re-entering in-use status (including the

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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules
requirement that your ticket be assigned
to an EN or State VR agency acting as
an EN, or that you have a ticket which
would otherwise be available for
assignment and are receiving services
under an IPE from a State VR agency
that has chosen the cost reimbursement
payment system), you will be reinstated
to in-use status effective with the date
on which the PM sends the notice of the
decision to you. * * *
(2) * * * If we decide that you have
satisfied the requirements for reentering in-use status (including the
requirement that your ticket be assigned
to an EN or State VR agency acting as
an EN, or that you have a ticket which
would otherwise be available for
assignment and are receiving services
under an IPE from a State VR agency
that has chosen the cost reimbursement
payment system), you will be reinstated
to in-use status effective with the date
on which we send the notice of the
decision to you.
12. In § 411.220, revise the first
sentence of paragraph (a), revise
paragraph (d)(2), remove paragraph (e),
and redesignate paragraph (f) as
paragraph (e) to read as follows:
§ 411.220 What if my ticket is no longer
assigned to an EN or State VR agency?

(a) If your ticket was once assigned to
an EN or State VR agency acting as an
EN and is no longer assigned, you are
eligible for an extension period of up to
90 days to reassign your ticket. * * *
*
*
*
*
*
(d) * * *
*
*
*
*
*
(2) Ends 90 days after it begins or
when you assign your ticket to a new
EN or State VR agency, whichever is
sooner.
*
*
*
*
*
13. In § 411.225, revise paragraphs (b)
and (c), and remove paragraph (d) to
read as follows:
§ 411.225 What if I reassign my ticket after
the end of the extension period?

sroberts on PROD1PC70 with PROPOSALS

*

*
*
*
*
(b) Time limitations for the timely
progress guidelines. Any month during
which your ticket is not assigned and
you have a ticket available for
assignment and are not receiving
services under an IPE from a State VR
agency which chose the cost
reimbursement payment system, either
during or after the extension period,
will not count toward the time
limitations for the timely progress
guidelines.
(c) If you reassign your ticket after the
end of the extension period. If you
reassign your ticket after the end of the
extension period, the period comprising

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17:02 Aug 10, 2007

Jkt 211001

the remaining months in the applicable
12-month progress certification period
will begin with the first month
beginning after the day on which the
reassignment of your ticket is effective
under § 411.150(c).
14. Add § 411.226 to read as follows:
§ 411.226 How will SSA determine if I am
meeting the timely progress guidelines if I
assign my ticket prior to [EFFECTIVE DATE
OF FINAL REGULATIONS]?

(a) If you assigned your ticket to an
EN or State VR agency prior to
[EFFECTIVE DATE OF FINAL
REGULATIONS], we will use the
guidelines in § 411.180(c) to determine
whether you are making timely progress
toward self-supporting employment on
or after that date. We will consider you
to be in the first or a subsequent 12month progress certification period
under § 411.180 as of that date. We will
determine your applicable 12-month
progress certification period and the
number of months remaining in that
period as of that date by counting all
months during which your ticket was
assigned and in use during the period—
(1) Beginning with the month
following the month in which you first
assigned your ticket under the rules in
effect prior to that date; and
(2) Ending with the close of the month
immediately before that date.
(b) Subsequent 12-month progress
certification periods will follow the
rules in § 411.180.
(c) If, on [DATE ONE DAY BEFORE
EFFECTIVE DATE OF FINAL
REGULATIONS], your ticket is in use
and assigned to a State VR agency
which chose to be paid for services it
provides to you under the cost
reimbursement payment system, your
period of using a ticket may continue
under the rules in this subpart,
including the rules in paragraphs (a)
and (b) of this section. However, your
ticket will no longer be considered
assigned to that State VR agency
effective [EFFECTIVE DATE OF FINAL
REGULATIONS]. You may assign your
ticket after the State VR agency has
closed your case.
Subpart E—[Amended]
15. Add paragraph (d) to § 411.310 to
read as follows:
§ 411.310 How does an entity other than a
State VR agency apply to be an EN and who
will determine whether an entity qualifies as
an EN?

*

*
*
*
*
(d) One-stop delivery systems
established under subtitle B of title I of
the Workforce Investment Act of 1998
(29 U.S.C. 2811 et seq.) may participate

PO 00000

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Fmt 4702

Sfmt 4702

45199

in the Ticket to Work program as ENs
and do not need to respond to the RFP.
However, in order to participate in the
Ticket to Work program, the one-stop
delivery system must enter into an
agreement with the Commissioner to be
an EN and must maintain compliance
with general and specific selection
criteria as described in § 411.315 in
order to remain an EN.
16. Add paragraph (e) to § 411.315 to
read as follows:
§ 411.315 What are the minimum
qualifications necessary to be an EN?

*

*
*
*
*
(e) One-stop delivery systems
established under subtitle B of title I of
the Workforce Investment Act of 1998
(29 U.S.C. 2811 et seq.) are qualified to
be ENs. A one-stop delivery system
must enter into an agreement with the
Commissioner to be an EN and must
maintain compliance with general and
specific selection criteria of this section
and § 411.305 in order to remain an EN.
[FR Doc. E7–15715 Filed 8–10–07; 8:45 am]
BILLING CODE 4191–02–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–138707–06]
RIN 1545–BF90

Exclusions From Gross Income of
Foreign Corporations; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to notice of proposed
rulemaking by cross-reference to
temporary regulations.
AGENCY:

SUMMARY: This document contains
corrections to notice of proposed
rulemaking by cross-reference to
temporary regulations (REG–138707–06)
that were published in the Federal
Register on Monday, June 25, 2007 (72
FR 34650) modifying final regulations
issued under section 883(a) and (c) of
the Internal Revenue Code, relating to
income derived by foreign corporations
from the international operation of ships
or aircraft.
FOR FURTHER INFORMATION CONTACT:
Patricia A. Bray, (202) 622–3880 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:

Background
The notice of proposed rulemaking by
cross-reference to temporary regulations
that are the subject of this correction are

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13AUP1