Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 79063 

6Amendment No. 1 is available at https://

www.sec.gov/comments/sr-nasdaq-2020-026/ 

srnasdaq2020026.htm. 

7 15 U.S.C. 78s(b)(2)(B). 

8See Securities Exchange Act Release No. 89794, 

85 FR 57260 (September 15, 2020). 

9Amendment No. 2 is available at https://

www.sec.gov/comments/sr-nasdaq-2020-026/ 

srnasdaq2020026.htm. 

10 15 U.S.C. 78s(b)(2). 

11 Id. 

12 17 CFR 200.30–3(a)(57). 

which replaced and superseded the 

proposed rule change as originally 

filed.6 On September 9, 2020, the 

Commission published notice of 

Amendment No. 1 and instituted 

proceedings under Section 19(b)(2)(B) of 

the Act 7 to determine whether to 

approve or disapprove the proposed 

rule change, as modified by Amendment 

No. 1.8 On November 17, 2020, the 

Exchange submitted Amendment No. 2 

to the proposed rule change.9

Section 19(b)(2) of the Act 10 provides 

that, after initiating disapproval 

proceedings, the Commission shall issue 

an order approving or disapproving the 

proposed rule change not later than 180 

days after the date of publication of 

notice of filing of the proposed rule 

change. The Commission may extend 

the period for issuing an order 

approving or disapproving the proposed 

rule change, however, by not more than 

60 days if the Commission determines 

that a longer period is appropriate and 

publishes the reasons for such 

determination. The date of publication 

of notice of filing of the proposed rule 

change was June 12, 2020. December 9, 

2020 is 180 days from that date, and 

February 7, 2021 is 240 days from that 

date. 

The Commission finds it appropriate 

to designate a longer period within 

which to issue an order approving or 

disapproving the proposed rule change 

so that it has sufficient time to consider 

this proposed rule change. Accordingly, 

the Commission, pursuant to Section 

19(b)(2) of the Act,11 designates 

February 7, 2021, as the date by which 

the Commission shall either approve or 

disapprove the proposed rule change, as 

modified by Amendment Nos. 1 and 2 

(File No. SR–NASDAQ–2020–026). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.12

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2020–26897 Filed 12–7–20; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2020–0023] 

Rescission of Acquiescence Ruling 

15–1(4) 

AGENCY: Social Security Administration. 

ACTION: Notice of Rescission of Social 

Security Acquiescence Ruling (AR) 15– 

1(4)—Radford v. Colvin, 734 F.3d 288 

(4th Cir. 2013)—Standard for Meeting 

the Listing for Disorders of the Spine 

with Evidence of Nerve Root 

Compression. 

SUMMARY: In accordance with 20 CFR 

402.35(b)(2), 404.985(e) and 

416.1485(e), the Commissioner of Social 

Security gives notice of the rescission of 

Social Security Acquiescence Ruling 

15–1(4). 

DATES: We will apply this rescission 

notice on April 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl A. Williams, Office of Disability 

Policy, Social Security Administration, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, (410) 965–1020 or TTY 

410–966–5609. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772– 

1213 or TTY 1–800–325–0778, or visit 

our internet site, Social Security Online, 

at http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: An AR 

explains how we will apply the holding 

in a decision of a United States Court of 

Appeals that we determine conflicts 

with our interpretation of a provision of 

the Social Security Act (Act) or 

regulations when the Government has 

decided not to seek further review of 

that decision or is unsuccessful on 

further review. 

As provided by 20 CFR 404.985(e)(4) 

and 416.1485(e)(4), we may rescind an 

AR as obsolete and apply our 

interpretation of the Act or regulations 

if we subsequently clarify, modify or 

revoke the regulation or ruling that was 

the subject of a circuit court holding 

that we determined conflicts with our 

interpretation of the Act or regulations. 

On September 23, 2015, we published 

AR 15–1(4) (80 FR 57418) to reflect the 

holding in Radford v. Colvin, 734 F.3d 

288 (4th Cir. 2013). In Radford, the 

United States Court of Appeals for the 

Fourth Circuit held that listing 1.04A 

required a claimant to show only ‘‘that 

each of the symptoms are present, and 

that the claimant has suffered or can be 

expected to suffer from nerve root 

compression continuously for at least 12 

months,’’ 734 F.3d at 294. Contrary to 

our policy that the requisite level of 

severity requires the simultaneous 

presence of all the medical criteria in 

paragraph A, the Court of Appeals held 

that a claimant need not show that each 

criterion was present simultaneously or 

in particularly close proximity. 

This rescission notice is the result of 

publication of the final rule, ‘‘Revised 

Medical Criteria for Evaluating 

Musculoskeletal Disorders,’’ published 

on December 3, 2020 at 85 FR 78164. 

The final rule clarified our longstanding 

policy that the requisite level of severity 

requires the simultaneous presence of 

all the medical criteria in the listing. 

Specifically, the final rule state in 

section 1.00C7 that, when the listing 

criteria are linked by the word ‘‘and,’’ 

the requirements must be present within 

a ‘‘close proximity of time.’’ We define 

‘‘close proximity of time’’ as meaning 

that all of the relevant criteria must 

appear in the medical record within a 

consecutive 4 month period. 

We incorporated the provisions of 

former Listing 1.04A, the subject of the 

court’s holding in Radford, into the final 

rule in Listing 1.15. Since Listing 1.15 

links the symptoms, signs, findings, and 

impairment-related physical limitations 

found in A, B, C, and D of the listing 

with the word ‘‘AND,’’ these criteria, 

must appear in the medical record 

within a consecutive 4-month period. 

Further, the final rule also clarified that 

the requirement that all the medical 

criteria in the listing be present 

simultaneously or within a close 

proximity of time applies to other 

listings that use the word ‘‘and’’ to link 

the elements of the required criteria. 

Accordingly, because the regulation 

that was the subject of the Radford AR 

has been revised, we are rescinding AR 

15–1(4) concurrently with the effective 

date of the final rule. The final rule and 

this notice of rescission restore 

uniformity to our nationwide system of 

rules in accordance with our 

commitment to the goal of 

administering our programs through 

uniform national standards. 

(Catalog of Federal Domestic Assistance, 

Program Nos. 96.001 Social Security— 

Disability Insurance; 6.002 Social Security— 

Retirement Insurance; 96.004 Social 

Security—Survivors Insurance; 96.006— 

Supplemental Security Income.) 

The Commissioner of the Social 

Security Administration, Andrew Saul, 

having reviewed and approved this 

document, is delegating the authority to 

electronically sign this document to 

Faye I. Lipsky, who is the primary 

Federal Register Liaison for SSA, for 


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79064 Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices 

purposes of publication in the Federal 

Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

[FR Doc. 2020–26911 Filed 12–7–20; 8:45 am] 

BILLING CODE 4191–02–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No: SSA–2020–0051] 

Agency Information Collection 

Activities: Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law 104–13, the Paperwork 

Reduction Act of 1995, effective October 

1, 1995. This notice includes revisions 

of OMB-approved information 

collections. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, email, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and SSA Reports Clearance Officer at 

the following addresses or fax numbers. 

(OMB) Office of Management and 

Budget, Attn: Desk Officer for SSA, 

Fax: 202–395–6974, Email address: 

OIRA_Submission@omb.eop.gov 

(SSA) Social Security Administration, 

OLCA, Attn: Reports Clearance 

Director, 3100 West High Rise, 6401 

Security Blvd., Baltimore, MD 21235, 

Fax: 410–966–2830, Email address: 

OR.Reports.Clearance@ssa.gov 

Or you may submit your comments 

online through www.regulations.gov, 

referencing Docket ID Number [SSA– 

2020–0051]. 

SSA submitted the information 

collections below to OMB for clearance. 

Your comments regarding these 

information collections would be most 

useful if OMB and SSA receive them 30 

days from the date of this publication. 

To be sure we consider your comments, 

we must receive them no later than 

January 7, 2021. Individuals can obtain 

copies of these OMB clearance packages 

by writing to OR.Reports.Clearance@

ssa.gov. 

1. Disability Report-Appeal—20 CFR 

404.1512, 416.912, 404.916(c), 

416.1416(c), 422.140, 404.1713, 

416.1513, 404.1740(b)(4), and 

416.1540(b)(4)—0960–0144. SSA 

requires disability applicants who wish 

to appeal an unfavorable determination 

to complete Form SSA–3441–BK; the 

associated Electronic Disability Collect 

System (EDCS) interview; or the internet 

application, i3441. This allows 

claimants to disclose any changes to 

their disability, or resources, which 

might influence SSA’s unfavorable 

determination. SSA may use the 

information to: (1) Reconsider and 

review an initial disability 

determination; (2) review a continuing 

disability; and (3) evaluate a request for 

a hearing. This information assists the 

State Disability Determination Services 

(DDS) and administrative law judges 

(ALJ) in preparing for the appeals and 

hearings, and in issuing a determination 

or decision on an individual’s 

entitlement (initial or continuing) to 

disability benefits. In addition, the 

information we collect on the SSA– 

3441–BK, or related modalities, 

facilitates SSA’s collection of medical 

information to support the applicant’s 

request for reconsideration; request for 

benefits cessation appeal; and request 

for a hearing before an ALJ. 

Respondents are individuals who 

appeal denial, reduction, or cessation of 

Social Security disability benefits and 

Supplemental Security Income (SSI) 

payments; individuals who wish to 

request a hearing before an ALJ; or their 

representatives. 

Type of Request: Revision of an OMBapproved information collection. 

Modality of completion Number of 

respondents 

Frequency 

of response 

Average 

burden per 

response 

(minutes) 

Estimated 

total annual 

burden 

(hours) 

Average 

theoretical 

hourly cost 

amount 

(dollars) * 

Average 

wait time in 

field office 

(minutes) ** 

Total annual 

opportunity 

cost 

(dollars) *** 

SSA–3441–BK (Paper Form) ........................ 22,556 1 45 16,917 * $18.22 ** 24 *** $472,609 

Electronic Disability Collect System 

(EDCS)—Individuals .................................. 208,831 1 45 156,623 * 10.73 ** 24 *** 2,576,863 

Electronic Disability Collect System 

(EDCS)—Representatives ......................... 71,652 1 45 53,739 * 25.72 ........................ *** 1,382,167 

i3441 (Internet Application)—Individuals ...... 109,598 1 28 51,146 * 10.73 ........................ *** 548,797 

i3441 (Internet Application)—Representatives ........................................................... 656,424 1 28 306,331 * 25.72 ........................ *** 7,878,833 

Totals ..................................................... 1,069,061 ........................ ........................ 584,756 ........................ ........................ *** 12,859,269 

* We based these figures on average DI hourly wages for single students based on SSA’s current FY 2020 data (https://www.ssa.gov/legislation/ 

2020Fact%20Sheet.pdf), and on average U.S. citizen’s hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes231011.htm), 

as well as a combination of those two figures (for the paper form, as we do not collect data on whether the paper forms are filled out by individuals or representatives 

or both). 

** We based this figure on the average FY 2020 wait times for field offices, based on SSA’s current management information data.

*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the 

application. 

2. Annual Earnings Test Direct Mail 

Follow-Up Program Notices—20 CFR 

404.452–404.455—0960–0369. SSA 

developed the Annual Earnings Test 

Direct Mail Follow-up Program to 

improve beneficiary reporting on work 

and earnings during the year and 

earnings information at the end of the 

year. SSA may reduce benefits payable 

under the Social Security Act (Act) 

when an individual has wages or selfemployment income exceeding the 

annual exempt amount. SSA identifies 

beneficiaries likely to receive more than 

the annual exempt amount, and requests 

more frequent estimates of earnings 

from them. When applicable, SSA also 

requests a future year estimate to reduce 

overpayments due to earnings. SSA 

sends letters (SSA–L9778, SSA–L9779, 

SSA–L9781, SSA–L9784, SSA–L9785, 

and SSA–L9790) to beneficiaries 

requesting earnings information the 

month prior to their attainment of full 

retirement age. We send each 

beneficiary a tailored letter that includes 

relevant earnings data from SSA 

records. The Annual Earnings Test 

Direct Mail Follow-up Program helps to 

ensure Social Security payments are 


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