Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 5303 

5Pursuant to condition 9, each Fund will also 

maintain and preserve a copy of the Substitute 

Basket published on the Fund’s website for each 

Business Day and a copy of each Creation Basket 

made available. 

6See Exchange-Traded Funds, Investment 

Company Act Release No. 33646 (Sept. 25, 2019) 

(‘‘ETF Adopting Release’’), at 80–94 (discussion of 

rule 6c–11 requirement for ETF policies and 

procedures concerning basket construction and 

acceptance and heightened policies and procedures 

for custom baskets). 

or Sub-Adviser seeks to add an 

instrument to the Fund’s then-current 

portfolio (‘‘Actual Portfolio’’) without 

incurring transaction costs associated 

with the purchase of the instrument for 

cash. Similarly, if the Adviser or SubAdviser decides to sell an instrument 

from a Fund’s Actual Portfolio, the 

instrument may be included in a 

Creation Basket with the expectation 

that the Fund will deliver it in-kind 

during a redemption transaction. 

6. The Funds will use the requested 

basket flexibility only in circumstances 

under which Applicants believe there 

will be no harm to the Funds or their 

shareholders, and in order to benefit the 

Funds and their shareholders by 

reducing costs, increasing efficiency and 

improving trading. 

7. Pursuant to condition 10 herein, 

each Fund will adopt and implement 

written policies and procedures 

regarding the construction of its 

Creation Baskets in accordance with 

rule 6c–11 under the Act. For purposes 

of the requirement to comply with the 

policies and procedures provision in 

rule 6c–11, only Creation Baskets that 

differ from a Fund’s Substitute Basket 

will be treated as a ‘‘custom basket’’ 

under rule 6c–11(c)(3). 

8. Furthermore, pursuant to condition 

9 herein, each Fund will comply with 

the recordkeeping requirements of rule 

6c–11.5 For purposes of the requirement 

to comply with the recordkeeping 

provision in rule 6c–11, only Creation 

Baskets different from a Fund’s 

Substitute Basket will be treated as a 

‘‘custom basket’’ under rule 6c– 

11(d)(2)(ii). 

B. Considerations Relating to the 

Requested Relief 

9. Applicants represent that the 

ability to utilize a Creation Basket that 

includes instruments that are not 

included, or are included with different 

weightings, in a Fund’s Substitute 

Basket, or are included in different 

weightings, does not raise any new 

policy concerns about reverse 

engineering of a Fund’s portfolio, selfdealing or overreaching, or selective 

disclosure beyond those concerns 

addressed in connection with the Prior 

Order. 

10. Reverse Engineering. Applicants 

acknowledge that, by using a Creation 

Basket that includes instruments that 

are not included in a Fund’s Substitute 

Basket, or are included in different 

percentages, and by publishing such 

Creation Basket on its website, the Fund 

would provide market participants with 

additional information about which 

instruments it adds or removes from the 

Fund’s Actual Portfolio. However, 

Applicants represent that they will 

operate the Funds in a manner designed 

to minimize the risk of reverse 

engineering and, for the reasons set 

forth in the application, believe 

successful front-running or free-riding is 

highly unlikely. 

11. Self-Dealing or Overreaching. 

Applicants state that authorized 

participants and other market 

participants will not have the ability to 

disadvantage the Funds by 

manipulating or influencing the 

composition of Creation Baskets, 

including those that differ from the 

Substitute Basket. Like the basket and 

custom basket policies and procedures 

required of ETFs by rule 6c–11, the 

Funds will adopt and implement 

written policies and procedures that 

govern the construction of Creation 

Baskets and the process that will be 

used for the acceptance of Creation 

Baskets to safeguard the best interests of 

the Funds and their shareholders.6

12. Selective Disclosure. The Funds 

and each person acting on behalf of the 

Funds will continue to be required to 

comply with Regulation Fair Disclosure 

as if it applied to them (except that the 

exemptions provided in rule 

100(b)(2)(iii) therein shall not apply). 

Applicants believe that the new 

Creation Basket flexibility being sought 

by the Applicants does not raise any 

new concerns about selective disclosure 

of non-public material information. 

First, a Fund’s use of, or conversations 

with authorized participants about, 

Creation Baskets that would result in 

such disclosure would effectively be 

limited by the Funds’ obligation to 

comply with Regulation Fair Disclosure. 

Second, as noted above, each Business 

Day, before the open of trading on the 

Exchange where a Fund is listed, the 

Fund will publish on its website the 

composition of any basket accepted by 

the Fund on the previous Business Day 

that differed from such Business Day’s 

Substitute Basket other than with 

respect to cash. 

III. Requested Exemptive Relief 

For the reasons stated above, 

Applicants believe that the Prior Order, 

as amended, continues to meet the 

relevant standards for relief pursuant to 

section 6(c) of the Act for an exemption 

from sections 2(a)(32), 5(a)(1), 22(d), and 

22(e) of the Act and rule 22c–1 under 

the Act, and under sections 6(c) and 

17(b) of the Act for an exemption from 

sections 17(a)(1) and 17(a)(2) of the Act. 

IV. Applicants’ Conditions 

Applicants agree that the Amended 

Order granting the requested relief will 

be subject to all of the conditions in the 

Prior Order, except that condition 9 of 

the Prior Order is deleted in its entirety 

and replaced with the conditions 9–10 

as follows: 

9. Each Fund will comply with the 

recordkeeping requirements of rule 6c– 

11 under the Act, as amended, except 

that for purposes of this condition, only 

Creation Baskets different from the 

Fund’s Substitute Basket will be treated 

as a ‘‘custom basket’’ under rule 6c– 

11(d)(2)(ii). In addition, each Fund will 

maintain and preserve, for a period of 

not less than five years, in an easily 

accessible place, (i) a copy of the 

Substitute Basket published on the 

Fund’s website for each Business Day; 

and (ii) a copy of each Creation Basket 

made available. 

10. Each Fund will adopt and 

implement written policies and 

procedures that govern the construction 

of Creation Baskets, as required under 

rule 6c–11(c)(3) under the Act, as 

amended, except that for purposes of 

this condition, only Creation Baskets 

different from the Fund’s Substitute 

Basket will be treated as a ‘‘Custom 

Basket’’. The Fund’s basket policies and 

procedures will be covered by the 

Fund’s compliance program and other 

requirements under rule 38a–1 under 

the Act, as amended. 

For the Commission, by the Division of 

Investment Management, pursuant to 

delegated authority. 

J. Matthew DeLesDernier, 

Assistant Secretary. 

[FR Doc. 2021–00957 Filed 1–15–21; 8:45 am] 

BILLING CODE 8011–01–P 

SOCIAL SECURITY ADMINISTRATION 

[Docket No. SSA–2016–0039] 

Use of Electronic Payroll Data to 

Improve Program Administration 

AGENCY: Social Security Administration. 

ACTION: Notice and request for 

comments. 

SUMMARY: This is advance notification to 

the public regarding the implementation 

of an information exchange between the 

Social Security Administration (SSA) 


khammond on DSKJM1Z7X2PROD with NOTICES
5304 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 

1Public Law 114–74, 129 Stat. 584, 607. 

2 42 U.S.C. 1320e–3. 

3 42 U.S.C. 1320e–3(c)(2). 

4 42 U.S.C. 1320e–3(c)(1). 

5We request such authorization by using form 

SSA–8240, OMB 0960–0807, ‘‘Authorization for the 

Social Security Administration to Obtain Wage and 

Employment Information from Payroll Data 

Providers.’’ 

6 42 U.S.C. 1320a–8a. 

7 42 U.S.C. 1383(e)(2). 

8Equifax shall follow all technical specifications 

provided by us. We provided technical 

specifications, characteristics, and needs. The 

technical specifications include detailed 

requirements and pertinent information regarding 

the request, response, security requirements, Web 

Service, data retention, and processing guidelines 

related to the information exchange. 

and Equifax, a payroll data provider. We 

expect that the information exchange 

will enable us to administer Social 

Security Disability Insurance (SSDI) 

benefits and Supplemental Security 

Income (SSI) payments more efficiently, 

while helping to prevent improper 

payments. 

DATES: Comments must be received by 

February 18, 2021. 

ADDRESSES: You may submit comments 

by any one of three methods—internet, 

fax, or mail. Do not submit the same 

comments multiple times or by more 

than one method. No matter which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2016–0039 so that we may 

associate your comments with the 

correct document. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information, such as Social 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

that you submit your comments via the 

internet. Please visit the Federal 

eRulemaking portal at https://

www.regulations.gov/. Use the ‘‘Search’’ 

function to find docket number SSA– 

2016–0039. The system will issue you a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately 

because we must post each comment 

manually. It may take up to a week for 

your comment to be viewable. 

2. Fax: Fax comments to (410) 966– 

2830. 

3. Mail: Address your comments to 

the Reports Clearance Director, 3100 

West High Rise Building, 6401 Security 

Boulevard, Baltimore, Maryland 21235. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at https://www.regulations.gov or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Betsy Blair, Office of Income Security 

Programs, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235, (410) 

965–0041. 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: 

Description of Information Exchange 

Congress enacted the Bipartisan 

Budget Act (BBA) of 2015 1 on 

November 2, 2015. Section 824 of the 

BBA added section 1184 to the Social 

Security Act (Act) 2 and authorized us to 

enter into information exchanges with 

payroll data providers for the purposes 

of efficient program administration and 

prevention of improper SSDI and SSI 

payments. Section 824 defines 

information exchanges as the automated 

comparison of our system(s) of records 

with records of payroll data providers.3

Section 824 further defines payroll data 

providers to include payroll providers, 

wage verification companies, and other 

commercial or non-commercial entities 

that collect and maintain data regarding 

employment and wages.4 Although the 

Act and our rules require individuals to 

report any changes that could affect 

SSDI entitlement, SSI eligibility, or 

benefit amounts, we do not always 

receive these reports timely. By entering 

into an information exchange with the 

payroll data provider Equifax, we will 

be able to obtain the wage and 

employment records of Equifax and will 

therefore be able to receive wage 

information timely without the need for 

additional verification from other 

sources. 

We will request authorization 5 from 

SSDI and SSI claimants, recipients, or 

deemors, to obtain their wage and 

employment information from payroll 

data providers, like Equifax. However, 

failure to sign the authorization does not 

lead to ineligibility for benefits. Once 

the authorization is signed, it will 

remain in effect until the earliest of the 

following occurrences: (1) It has been 

revoked in writing by the individual or 

their legal guardian; (2) all entitlement 

to or eligibility for benefits or payments 

has terminated, there are no other 

claims or appeals pending, and all 

periods for appealing any adverse 

determinations or decisions have 

lapsed; (3) there has been an adverse 

determination or decision on the claim, 

the individual is not otherwise currently 

entitled to or eligible for payments, 

there are no other claims or appeals 

pending and all periods for appealing 

any adverse determinations or decisions 

have lapsed; or (4) for SSI deemors, the 

deeming relationship ends. Authorizing 

us to obtain information directly from a 

payroll data provider like Equifax 

protects the beneficiary or recipient 

from a penalty of non-payment or 

ineligibility under section 1129A of the 

Act,6 for any omission or error from 

wages reported by Equifax. 

Additionally, we will find good cause 

and not subject recipients who receive 

SSI payments to a monetary deduction 

penalty of their payments under section 

1631(e)(2) of the Act 7 if they fail or 

delay to report a change in employer 

and gave us the authorization to obtain 

information from Equifax. 

We will request the wage and 

employment information listed below 

from Equifax via a secure means of 

electronic transmission, every month, 

for each beneficiary and recipient with 

a valid authorization and who is 

actively requesting or receiving benefits. 

In response to our request, Equifax will 

provide the wage and employment 

information or respond that it has no 

records. We will conduct this 

information exchange in accordance 

with all applicable laws, to include the 

Privacy Act of 1974, 5 U.S.C. 552a and 

the Social Security Act, 42 U.S.C. 

1306(a). 

Equifax will use reasonable 

procedures 8 to ensure maximum 

accuracy, relevance, and timeliness of 

its wage and employment information 

and must notify us within 24 hours if it 

discovers that it submitted incorrect 

information to us. 

We have determined that the general 

quality of the wage and employment 

information that will be received via the 

information exchange meets our 

standards and is: 

• Sufficiently accurate, up-to-date, 

and complete. 

Æ Equifax tests the data of employers 

to ensure it contains all of the data 

elements identified below and conforms 

to its system requirements; regularly 

conducts quality assurance assessments 

to ensure accuracy; and makes wage and 

employment data available within 24 

hours of receipt from employers. 

• Vital to accurately determine (a) 

entitlement to SSDI, (b) eligibility for 

SSI, and (c) SSI payment amounts. 

Æ We require this information 

because wage and employment data are 

factors that can affect entitlement, 

eligibility, and payment amounts. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 5305 

9See page 22 of the Congressional Justification for 

SSA’s Fiscal Year 2020 budget available here: 

https://www.ssa.gov/budget/FY20Files/FY20-JEAC_

2.pdf. 

10See 71 FR 1830 (Jan. 11, 2006) to view the 

System of Records Notice 60–0103. 

11See 68 FR 54037 (Sep. 15, 2003) to view the 

System of Records Notice 60–0330. 

Because the information is coming 

directly from the employer through 

Equifax, we will receive timely and 

accurate wage and employment 

reporting and will be able to administer 

SSDI benefits and SSI payments more 

efficiently. 

• Needed to prevent improper 

payments of SSDI and SSI benefits. 

Æ As indicated above, we do not 

always receive timely reports of changes 

that could affect SSDI entitlement, SSI 

eligibility, or SSI benefit amounts, and 

this may cause improper payments. 

Requirements to verify wages may also 

cause delays that lead to improper 

payments. Changes in a person’s work 

and wages are a leading cause of 

improper payments in the SSDI and SSI 

programs. While we use a number of 

sources to verify wage amounts, 

verifying wages is currently a manual 

process, and we continue to rely on 

beneficiaries to self-report wages.9 With 

automated information exchanges, we 

will be able to obtain the wage and 

employment records timely and without 

the need for additional verification from 

other sources. 

Data Elements 

The information exchange will 

require SSA and Equifax to exchange 

specific data elements. We will send the 

data elements below to Equifax to 

ensure we are requesting employment 

and wage information for the correct 

individual and timeframe. Equifax and 

SSA will use a federally compliant, 

secure means to exchange data and 

conduct the automated comparison of 

SSA to Equifax records under this 

information exchange. 

In order to request wage and 

employment information, we will 

provide the following information from 

the Supplemental Security Income 

Record and Special Veterans Benefits 

for SSI 10 and the eWork for SSDI 11 to 

Equifax: 

(1) Social Security number (SSN) of 

the beneficiary, recipient, or deemor; 

(2) Start date and end date (month 

and year) of wage and employment 

information being requested; 

(3) Tracking identification number. 

(In response to our request, Equifax 

will provide the following wage and 

employment information to us, if 

available: 

(1) Wage earner’s SSN 

(2) Wage earner’s first name 

(3) Wage earner’s last name 

(4) Employer name 

(5) Employer identification number 

(6) Employer address 

(7) Transmission date of wage and 

employment response from Equifax 

to us 

(8) Date of payment 

(9) Amount of gross pay 

(10) Frequency of pay 

(11) Pay period begin and end date 

(12) Year-to-date gross wage amount 

(13) Applicable deductions, including 

but not limited to the following: 

a. Federal, state and local taxes 

b. Federal Insurance Contributions 

Act taxes 

c. Medicare taxes 

d. Garnishment 

e. Cafeteria plans 

(14) Employer telephone number 

(15) Wage earner’s job title 

(16) Employment begin date 

(17) Employment end date 

(18) Amount of net pay 

(19) Pay rate 

(20) Hours worked per pay period 

Request for Comments 

We are requesting comments 

concerning the specifics of our proposal 

to implement an information exchange 

under section 824 of the BBA. We ask 

that, in preparing comments, you 

address questions such as: 

1. Have we identified the appropriate 

design for an information exchange? 

2. Are there any additional 

operational elements of an information 

exchange that we should include? 

We will not respond to your 

comments, but we will consider them as 

we review our plan to implement the 

information exchange under section 824 

of the BBA. 

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 

purposes of publication in the Federal 

Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

[FR Doc. 2021–01026 Filed 1–15–21; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

[Public Notice: 11325] 

In the Matter of the Designation of 

Ansarallah (and other Aliases) as a 

Foreign Terrorist Organization 

Based upon a review of the 

Administrative Record assembled in 

this matter, and in consultation with the 

Attorney General and the Secretary of 

the Treasury, I conclude that there is a 

sufficient factual basis to find that the 

relevant circumstances described in 

section 219 of the Immigration and 

Nationality Act, as amended (hereinafter 

‘‘INA’’) (8 U.S.C. 1189), exist with 

respect to Ansarallah, also known as 

Ansar Allah; also known as Ansarullah; 

also known as Partisans of God; and also 

known as Supporters of God. Therefore, 

I hereby designate the aforementioned 

organization and its aliases as a foreign 

terrorist organization pursuant to 

section 219 of the INA. 

This determination shall be published 

in the Federal Register. 

Dated: January 12, 2021. 

Michael R. Pompeo, 

Secretary of State. 

[FR Doc. 2021–01001 Filed 1–15–21; 8:45 am] 

BILLING CODE 4710–AD–P 

DEPARTMENT OF STATE 

[Public Notice: 11320] 

30-Day Notice of Proposed Information 

Collection: Special Immigrant Visa 

Biodata Form 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

SUMMARY: The Department of State has 

submitted the information collection 

described below to the Office of 

Management and Budget (OMB) for 

approval. In accordance with the 

Paperwork Reduction Act of 1995, we 

are requesting comments on this 

collection from all interested 

individuals and organizations. The 

purpose of this Notice is to allow 30 

days for public comment. 

DATES: Submit comments directly to the 

Office of Management and Budget 

(OMB) up to February 18, 2021. 

ADDRESSES: Direct comments to the 

Department of State Desk Officer in the 

Office of Information and Regulatory 

Affairs at the Office of Management and 

Budget (OMB). You may submit 

comments by the following methods: 

• Email: oira_submission@

omb.eop.gov. You must include the DS 

form number, information collection 


khammond on DSKJM1Z7X2PROD with NOTICES