1862 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 

1Public Law 106–170. 

2Sec. 2(a), Public Law 106–170. 

3Sec. 2(a)(12), Public Law 106–170. 

4Section 1148(b)(1) of the Act states that ‘‘the 

Commissioner may issue a ticket to disabled 

beneficiaries for participation in the Program;’’ 20 

CFR 411.130. 

5 41st Month Report: Impact of Regulatory 

Changes (5/1/08–10/1/11). Available at: http:// 

www.socialsecurity.gov/work/enpayments_

stats.html. 

6 Id. 

7See Stapleton, David, et al., Ticket to Work at 

the Crossroads: A Solid Foundation with an 

Uncertain Future 30 (September, 2008). Available 

at: http://www.socialsecurity.gov/disabilityresearch/ 

ttw4/TTW_Rpt4_508_vol1r.pdf. 

8Altshuler, Norma, et al., Provider Experiences 

Under the Revised Ticket to Work Regulations 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 411 

[Docket No. SSA–2011–0034] 

RIN 0960–AH34 

Mailing of Tickets Under the Ticket to 

Work Program 

AGENCY: Social Security Administration. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The Social Security Act (Act) 

states that we may issue a Ticket to 

Work (Ticket) to disabled beneficiaries 

for participation in the Ticket to Work 

program (Ticket program). Under our 

current rules, however, we mail initial 

Ticket notices to all Ticket-eligible 

beneficiaries, regardless of whether they 

are likely to participate in the program, 

immediately after they begin receiving 

benefits. We are modifying our rules so 

that we may send a Ticket to eligible 

disabled beneficiaries. We will inform 

all newly eligible and current 

beneficiaries of the availability of the 

program via routine correspondence. In 

addition, we will conduct Ticket 

outreach to those disabled beneficiaries 

who are most likely to return to work. 

We will send a Ticket to any eligible 

disabled beneficiary upon request, 

regardless of whether we have identified 

the beneficiary through our outreach 

efforts. We expect this change will make 

the Ticket program more effective. This 

change does not affect Ticket eligibility 

requirements. 

DATES: This interim final rule is 

effective January 12, 2012. 

Comment Date: To ensure that your 

comments are considered, we must 

receive them no later than March 12, 

2012. 

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. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2011–0034 so that we may 

associate your comments with the 

correct regulation. 

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 http:// 

www.regulations.gov. Use the Search 

function to find docket number SSA– 

2011–0034. The system will issue 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: Mail your comments to the 

Office of Regulations, Social Security 

Administration, 107 Altmeyer Building, 

6401 Security Boulevard, Baltimore, 

Maryland 21235–6401. 

Comments are available for public 

viewing on the Federal eRulemaking 

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

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Desiree Fitzgerald, Office of Retirement 

and Disability Policy, Office of 

Employment Support Programs, Social 

Security Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–7456. 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: The Ticket 

program has expanded the universe of 

service providers available to 

individuals who are entitled to Social 

Security benefits based on disability or 

Supplemental Security Income (SSI) 

benefits based on disability or 

blindness. Congress established the 

Ticket program in the Ticket to Work 

and Work Incentives Improvement Act 

of 1999 to provide disability 

beneficiaries a choice in obtaining the 

services and technology that they need 

in order to find, secure, and maintain 

employment.1 Congress explicitly 

recognized that, while many people 

who receive disability benefits want to 

work and may have the potential to 

work, they face a number of significant 

barriers that may prevent them from 

doing so.2 Additionally, Congress 

recognized that the savings to the Social 

Security Trust Funds and to the 

Treasury would be significant even if 

only a small percentage of current 

Social Security disability beneficiaries 

and SSI recipients were to cease 

receiving benefits as a result of 

employment.3

Under the Ticket program, we may 

issue Tickets to eligible Social Security 

disability beneficiaries and disabled or 

blind SSI recipients. The Ticket 

program provides these beneficiaries 

with a Ticket that they may use to 

obtain vocational rehabilitation services, 

employment services, and other support 

services from an employment network 

or from a State vocational rehabilitation 

agency. This support allows these 

individuals to enter into and retain 

employment and reduces dependency 

on Social Security and SSI cash 

benefits. 

Although not required by the Act, our 

current rules state that we will mail 

Tickets to all Ticket-eligible 

beneficiaries.4 We currently mail 

Tickets shortly after we award a 

disability or blindness-related benefit, 

regardless of the beneficiary’s likelihood 

to participate in the program 

immediately after they begin receiving 

benefits. 

As of October 1, 2011, we issued 

about 12.5 million active Tickets to 

eligible beneficiaries since revising our 

Ticket to Work regulations in 2008.5

However, of those 12.5 million Tickets, 

only 286,348 are assigned or in use.6 We 

expend significant financial and 

administrative resources to mail the 

Tickets as required by our current rules, 

over ninety-seven percent of which 

beneficiaries never use. We will save 

about one million dollars each year in 

print and mail costs by informing newly 

eligible disabled beneficiaries about 

their eligibility for the Ticket program in 

their award letters instead of sending a 

separate piece of mail containing a 

ticket. 

Participation rates in the Ticket 

program vary with the characteristics of 

eligible beneficiaries.7 A recent Ticket 

to Work program study, conducted by 

an outside research firm, assessed 

which characteristics are most 

predictive of Ticket assignment among 

new beneficiaries—the group to which 

we currently mail Tickets. According to 

the study, characteristics such as age 

and months since earliest disability 

onset are strong predictors of 

participation in the Ticket program.8


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Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 1863 

(September, 2011). Available at: http://opdr.

ssahost.ba.ssa.gov/documents/Provider%20

Experience%20Under%20New%20TTW%20

Regulations%20September%202011.pdf. 

9Public Law 106–170. 

10 5 U.S.C. 553(b)(B). 11See 5 U.S.C. 553(d)(3). 

In our experience, it is unnecessary to 

mail Tickets to all beneficiaries, 

especially when they are not likely to 

participate in the program at that point 

in time. Because it is unlikely that some 

beneficiaries will need or be able to use 

a Ticket, we do not believe that it is the 

best use of our limited resources to 

continue mailing Tickets to every 

Ticket-eligible beneficiary. Instead, we 

will use more focused and cost-effective 

methods to publicize the Ticket 

program. 

We are modifying § 411.130 so that 

we may send a Ticket to an eligible 

beneficiary. Removing the current 

requirement that we must send Tickets 

to all eligible beneficiaries, regardless of 

the likelihood that the beneficiary will 

ever use the Ticket, will allow us to 

better focus our limited resources on 

those beneficiaries who are most likely 

to return to work. We are also modifying 

§ 411.130 to make clear that Ticketeligible beneficiaries may receive a 

Ticket upon request. 

We will inform newly eligible 

disabled beneficiaries about their 

eligibility for the Ticket program in their 

award letters instead of sending a 

separate piece of mail containing a 

Ticket. To request a Ticket and 

participate in the Ticket program, a 

beneficiary can contact the Ticket Call 

Center toll free at 1–(866) 968–7842 or 

TTY 1–(866) 833–2967. 

We will remind current disabled 

beneficiaries of the availability of the 

program in their annual Cost of Living 

Adjustment notices and in other letters 

that they receive from us. We also 

expect to expand our current outreach 

efforts in the near future to increase 

awareness of the Ticket program by 

calling beneficiaries who are the ‘‘most 

likely to return to work’’ to tell them 

about the program. Information 

bulletins informing claimants and 

beneficiaries of the availability of 

employment support services, including 

the Ticket program, will also be 

available at our field offices. 

The changes we are making in these 

rules will also help make our rules more 

internally consistent. A ‘‘Ticket’’ is 

defined in our rules at § 411.115 as ‘‘a 

document described in § 411.120 which 

the Commissioner may issue to disabled 

beneficiaries for participation in the 

Ticket to Work program.’’ Since we 

recognize in § 411.115 that we ‘‘may 

issue’’ Tickets to disabled beneficiaries, 

our revision to § 411.130 will better 

reflect the definition of a Ticket in 

§ 411.115. In addition, the change we 

are making here is consistent with the 

language of section 1148(b)(1) of the 

Act, which gives us discretion as to the 

form and manner in which Tickets may 

be distributed.9

Clarity of This Rule 

Executive Order 12866, as 

supplemented by Executive Order 

13563, requires each agency to write all 

rules in plain language. In addition to 

your substantive comments on this 

interim final rule, we invite your 

comments on how to make the rules 

easier to understand. 

For example: 

• Would more, but shorter, sections 

be better? 

• Are the requirements in the rule 

clearly stated? 

• Have we organized the material to 

suit your needs? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rule easier to understand? 

• Does the rule contain technical 

language or jargon that is not clear? 

• Would a different format make the 

rule easier to understand, e.g. grouping 

and order of sections, use of headings, 

paragraphing? 

When will we start to use this rule? 

We will start to use this rule on the 

effective date shown under DATES earlier 

in this preamble. 

We are also inviting public comment 

on the changes made by this interim 

final rule. We will consider any relevant 

comments we receive. We will publish 

a final rule to respond to those 

comments and to make any appropriate 

changes. 

Regulatory Procedures 

We follow the Administrative 

Procedure Act (APA) rulemaking 

procedures specified in 5 USC 553 

when we develop regulations. 

Generally, the APA requires that an 

agency provide prior notice and 

opportunity for public comment before 

issuing a final rule. The APA provides 

exceptions to its notice and public 

comment procedures when an agency 

finds good cause for dispensing with 

such procedures because they are 

impracticable, unnecessary, or contrary 

to the public interest.10

We find that good cause exists for 

proceeding without prior public notice 

and comment in this instance. As 

discussed above, the change we are 

making in this interim final rule will 

make the Ticket program more effective 

by allowing us to target our limited 

resources available for Ticket outreach 

to those disabled beneficiaries who are 

more likely to return to work with the 

employment supports provided under 

the Ticket program. This change will 

allow us to better utilize our scarce 

administrative resources in light of the 

current budgetary constraints under 

which we are operating. Accordingly, 

we find that prior public comment 

would be contrary to the public interest 

in this instance. However, we are 

inviting public comment on the rule and 

will consider any relevant comments we 

receive within sixty days of its 

publication. 

In addition, for the reasons cited 

above, we also find good cause for 

dispensing with the thirty-day delay in 

the effective date of this rule.11 Since 

the change we are making to this rule 

will make the Ticket program more 

effective and allow us to better utilize 

our scarce administrative resources, we 

find that it is contrary to the public 

interest to delay the effective date of our 

rule. Accordingly, we are making this 

rule effective upon publication. 

Executive Order 12866 as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this interim final rule 

meets the criteria for a significant 

regulatory action under Executive Order 

12866, as supplemented by Executive 

Order 13563. Therefore, OMB reviewed 

it. 

Regulatory Flexibility Act 

We certify that this interim final rule 

will not have a significant economic 

impact on a substantial number of small 

entities because it only affects 

individuals. Therefore, a regulatory 

flexibility analysis is not required under 

the Regulatory Flexibility Act, as 

amended. 

Paperwork Reduction Act 

This interim final rule imposes no 

reporting or recordkeeping requirements 

subject to OMB clearance. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001 Social Security 

Disability Insurance; 96.006 Supplemental 

Security Income; 96.008) 

List of Subjects in 20 CFR Part 411 

Administrative practice and 

procedure, Blind, Disability benefits, 

Public assistance programs, Reporting 

and recordkeeping requirements, Social 


pmangrum on DSK3VPTVN1PROD with RULES
1864 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Rules and Regulations 

Security, Supplemental Security Income 

(SSI), Vocational rehabilitation. 

Michael J. Astrue, 

Commissioner of Social Security. 

For the reasons set out in the 

preamble, we amend 20 CFR chapter III, 

part 411, subpart B as set forth below: 

PART 411—THE TICKET TO WORK 

AND SELF-SUFFICIENCY PROGRAM 

■ 1. The authority citation for part 411 

continues 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), Public Law 106– 

170, 113 Stat. 1860, 1873 (42 U.S.C. 1320b– 

19 note). 

Subpart B—[Amended] 

■ 2. Revise § 411.130 to read as follows: 

§ 411.130 How will we distribute tickets 

under the Ticket to Work program? 

We may send you a ticket if you are 

eligible to receive one under § 411.125. 

All Ticket-eligible beneficiaries may 

receive a Ticket upon request. 

[FR Doc. 2012–405 Filed 1–11–12; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Parts 501 and 590 

Reporting, Procedures and Penalties 

Regulations; Transnational Criminal 

Organizations Sanctions Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (‘‘OFAC’’) is issuing regulations 

to implement Executive Order 13581 of 

July 24, 2011 (‘‘Blocking Property of 

Transnational Criminal Organizations’’). 

OFAC intends to supplement this part 

590 with a more comprehensive set of 

regulations, which may include 

additional interpretive and definitional 

guidance and additional general 

licenses and statements of licensing 

policy. OFAC also is amending other 

regulations to clarify the availability of 

general licenses on OFAC’s Web site. 

DATES: Effective Date: January 12, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director for Sanctions, 

Compliance & Evaluations, tel.: (202) 

622–2490, Assistant Director for 

Licensing, tel.: (202) 622–2480, 

Assistant Director for Policy, tel.: (202) 

622–4855, Office of Foreign Assets 

Control, or Chief Counsel (Foreign 

Assets Control), tel.: (202) 622–2410, 

Office of the General Counsel, 

Department of the Treasury (not toll free 

numbers). 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(www.treasury.gov/ofac). Certain general 

information pertaining to OFAC’s 

sanctions programs also is available via 

facsimile through a 24-hour fax-ondemand service, tel.: (202) 622–0077. 

Background 

On July 24, 2011, the President issued 

Executive Order 13581 (76 FR 44757, 

July 27, 2011) (‘‘E.O. 13581’’), invoking 

the authority of, inter alia, the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.) and 

the National Emergencies Act (50 U.S.C. 

1601 et seq.). 

The Department of the Treasury’s 

Office of Foreign Assets Control 

(‘‘OFAC’’) is issuing the Transnational 

Criminal Organizations Sanctions 

Regulations, 31 CFR part 590 (the 

‘‘Regulations’’), to implement E.O. 

13581, pursuant to authorities delegated 

to the Secretary of the Treasury in E.O. 

13581. A copy of E.O. 13581 appears in 

appendix A to this part. 

The Regulations are being published 

in abbreviated form at this time for the 

purpose of providing immediate 

guidance to the public. OFAC intends to 

supplement this part 590 with a more 

comprehensive set of regulations, which 

may include additional interpretive and 

definitional guidance and additional 

general licenses and statements of 

licensing policy. The appendix to the 

Regulations will be removed when 

OFAC supplements this part with a 

more comprehensive set of regulations. 

The Reporting, Procedures and 

Penalties Regulations, 31 CFR part 501, 

set forth standard reporting and 

recordkeeping requirements and license 

application and other procedures 

relevant to the economic sanctions 

programs administered by OFAC. OFAC 

is updating the regulation that describes 

general licenses to account for the 

availability of such licenses on OFAC’s 

Web site. 

Public Participation 

Because the Regulations involve a 

foreign affairs function, the provisions 

of Executive Order 12866 of September 

30, 1993, and the Administrative 

Procedure Act (5 U.S.C. 553) requiring 

notice of proposed rulemaking, 

opportunity for public participation, 

and delay in effective date are 

inapplicable. Because no notice of 

proposed rulemaking is required for this 

rule, the Regulatory Flexibility Act (5 

U.S.C. 601–612) does not apply. 

Paperwork Reduction Act 

The collections of information related 

to the Regulations are contained in 31 

CFR part 501. Pursuant to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507), those collections of 

information have been approved by the 

Office of Management and Budget under 

control number 1505–0164. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number. 

List of Subjects 

31 CFR Part 501 

Administrative practice and 

procedure, Banks, Banking, Blocking of 

assets, Foreign trade, Reporting and 

recordkeeping requirements. 

31 CFR Part 590 

Administrative practice and 

procedure, Banking, Banks, Blocking of 

assets, Brokers, Credit, Foreign trade, 

Investments, Loans, Securities, Services, 

Transnational Criminal Organizations. 

For the reasons set forth in the 

preamble, the Department of the 

Treasury’s Office of Foreign Assets 

Control amends 31 CFR Chapter V as 

follows: 

PART 501—REPORTING, 

PROCEDURES AND PENALTIES 

REGULATIONS 

■ 1. The authority citation for part 501 

continues to read as follows: 

Authority: 8 U.S.C. 1189; 18 U.S.C. 2332d, 

2339B; 19 U.S.C. 3901–3913; 21 U.S.C. 1901– 

1908; 22 U.S.C. 287c; 22 U.S.C. 2370(a), 

6009, 6032, 7205; 28 U.S.C. 2461 note; 31 

U.S.C. 321(b); 50 U.S.C. 1701–1706; 50 U.S.C. 

App. 1–44. 

Subpart E—Procedures 

■ 2. Revise the second sentence of 

paragraph (a) of § 501.801 to read as 

follows: 

§ 501.801 Licensing. 

(a) General Licenses. * * * General 

licenses are set forth in subpart E of 

each part contained in this chapter, and 

they also may be available through the 

following page on OFAC’s Web site: 

http://www.treasury.gov/resourcecenter/sanctions/programs/Pages/ 

Programs.aspx. * * * 


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