80_FR_32098 80 FR 31990 - Extension of Sunset Date for Attorney Advisor Program

80 FR 31990 - Extension of Sunset Date for Attorney Advisor Program

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 80, Issue 108 (June 5, 2015)

Page Range31990-31991
FR Document2015-13768

We are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 7, 2015. In this final rule, we are extending the sunset date to August 4, 2017. We are making no other substantive changes.

Federal Register, Volume 80 Issue 108 (Friday, June 5, 2015)
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Rules and Regulations]
[Pages 31990-31991]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13768]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2015-0017]
RIN 0960-AH83


Extension of Sunset Date for Attorney Advisor Program

AGENCY: Social Security Administration.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are extending for 2 years our rule authorizing attorney 
advisors to conduct certain prehearing procedures and to issue fully 
favorable decisions. The current rule will expire on August 7, 2015. In 
this final rule, we are extending the sunset date to August 4, 2017. We 
are making no other substantive changes.

DATES: This final rule is effective June 5, 2015.

FOR FURTHER INFORMATION CONTACT: Rainbow Lloyd, Social Security 
Administration, 5107 Leesburg Pike, Falls Church, VA 22041-3260, 703-
605-7100 for information about this final rule. 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:

Background of the Attorney Advisor Program

    On August 9, 2007, we issued an interim final rule permitting some 
attorney advisors to conduct certain prehearing procedures and issue 
decisions that are fully favorable when the documentary record 
warrants. 72 FR 44763. We instituted this practice to provide more 
timely service to the increasing number of applicants for Social 
Security disability benefits and Supplemental Security Income payments 
based on disability. We considered the public comments we received on 
the interim final rule and, on March 3, 2008, we issued a final rule 
without changes. 73 FR 11349. Under this rule, some attorney advisors 
may develop claims and, in appropriate cases, issue fully favorable 
decisions before a hearing.
    We originally intended the attorney advisor program to be a 
temporary modification to our procedures. Therefore, we included in 
sections 404.942(g) and 416.1442(g) of the interim final rule a 
provision that the program would end on August 10, 2009, unless we 
decided to either terminate the rule earlier or extend it beyond that 
date by publication of a final rule in the Federal Register. Since that 
time, we have periodically extended the sunset date; as we noted above, 
the current sunset date for the program is August 7, 2015. 78 FR 45460.

Explanation of Extension

    When we published the final rules reinstating the attorney advisor 
program in 2008, we discussed a variety of concerns about the program 
and we stated our intent to closely monitor it and to make changes to 
the program if it did not meet our expectations. 73 FR 11349, 11350, 
11351, and 11352.
    We explained in the final rule in 2008 that the number of requests 
for hearings has increased significantly in recent years. We anticipate 
that we will continue to receive a high number of requests for 
hearings. The attorney advisor program has assisted our efforts to 
reduce the backlog of pending hearing requests, and we believe that the 
program should continue at this time.
    In order to preserve the maximum degree of flexibility we need to 
effectively manage our hearings-level workloads, we have decided to 
extend the attorney advisor rule for another 2 years, until August 4, 
2017. As before, we reserve the authority to end the program earlier or 
to extend it by publishing a final rule in the Federal Register.

Regulatory Procedures

Justification for Issuing Final Rule Without Notice and Comment

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 when developing regulations. 
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). The 
APA provides exceptions to its notice and public comment procedures 
when an agency finds there is good cause for dispensing with such 
procedures because they are impracticable, unnecessary, or contrary to 
the public interest. We have determined that good cause exists for 
dispensing with the notice and public comment procedures for this rule. 
5 U.S.C. 553(b)(B). Good cause exists because this final rule only 
extends the sunset date of an existing rule. It makes no substantive 
changes to the rule. The current regulations expressly provide that we 
may extend or terminate this rule. Therefore, we have determined that 
opportunity for prior comment is unnecessary, and we are issuing this 
rule as a final rule.
    In addition, because we are not making any substantive changes to 
the existing rule, we find that there is good cause for dispensing with 
the 30-day delay in the effective date of a substantive rule provided 
by 5 U.S.C. 553(d)(3). To ensure that we have uninterrupted authority 
to use attorney advisors to reduce the number of pending cases at the 
hearing level, we find that it is in the public interest to make this 
final rule effective on the date of publication.

[[Page 31991]]

Executive Order 12866 as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563.

Regulatory Flexibility Act

    We certify that this final rule will not have a significant 
economic impact on a substantial number of small entities because it 
affects individuals only. Therefore, the Regulatory Flexibility Act, as 
amended, does not require us to prepare a regulatory flexibility 
analysis.

Paperwork Reduction Act

    This final rule does not create any new or affect any existing 
collections and, therefore, does not require OMB approval under the 
Paperwork Reduction Act.

(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; 96.006, 
Supplemental Security Income.)

List of Subjects

20 CFR Part 404

    Administrative practice and procedure, Blind, Disability benefits, 
Old-age, Survivors and Disability Insurance, Reporting and 
recordkeeping requirements, Social security.

20 CFR Part 416

    Administrative practice and procedure, Reporting and recordkeeping 
requirements, Supplemental Security Income (SSI).

Carolyn W. Colvin,
Acting Commissioner of Social Security.

    For the reasons stated in the preamble, we amend subpart J of part 
404 and subpart N of part 416 of Chapter III of title 20 of the Code of 
Federal Regulations as set forth below:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950- )

Subpart J--[Amended]

0
1. The authority citation for subpart J of part 404 continues to read 
as follows:

    Authority: Secs. 201(j), 204(f), 205(a)-(b), (d)-(h), and (j), 
221, 223(i), 225, and 702(a)(5) of the Social Security Act (42 
U.S.C. 401(j), 404(f), 405(a)-(b), (d)-(h), and (j), 421, 423(i), 
425, and 902(a)(5)); sec. 5, Pub. L. 97-455, 96 Stat. 2500 (42 
U.S.C. 405 note); secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98 
Stat. 1802 (42 U.S.C. 421 note); sec. 202, Pub. L. 108-203, 118 
Stat. 509 (42 U.S.C. 902 note).


0
2. In Sec.  404.942, revise paragraph (g) to read as follows:


Sec.  404.942  Prehearing proceedings and decisions by attorney 
advisors.

* * * * *
    (g) Sunset provision. The provisions of this section will no longer 
be effective on August 4, 2017, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND 
DISABLED

Subpart N--[Amended]

0
3. The authority citation for subpart N continues to read as follows:

    Authority:  Secs. 702(a)(5), 1631, and 1633 of the Social 
Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub. 
L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).


0
4. In Sec.  416.1442, revise paragraph (g) to read as follows:


Sec.  416.1442  Prehearing proceedings and decisions by attorney 
advisors.

* * * * *
    (g) Sunset provision. The provisions of this section will no longer 
be effective on August 4, 2017, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

[FR Doc. 2015-13768 Filed 6-4-15; 8:45 am]
 BILLING CODE P



                                                31990                       Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations

                                                                                                REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued
                                                                                                                       [Amendment 520 effective date June 25, 2015]

                                                                                           From                                                                                               To                                                  MEA

                                                                                                      § 95.6440        VOR Federal Airway V440 Is Amended To Read in Part

                                                Panhandle, TX VORTAC ..............................................................              * Brisc, TX FIX .............................................................................     ** 7000
                                                   * 7000—MCA Brisc, TX FIX, SW BND
                                                   ** 5000—MOCA

                                                                                                § 95.6350         Alaska VOR Federal Airway V350 Is Amended To Read in Part

                                                Togiak, AK NDB/DME ...................................................................           Bafin, AK FIX ...............................................................................       5400
                                                Bafin, AK FIX ................................................................................   Bethel, AK VORTAC.
                                                                                                                                                 SE BND .......................................................................................      5400
                                                                                                                                                 NW BND ......................................................................................       2000



                                                [FR Doc. 2015–13823 Filed 6–4–15; 8:45 am]                             increasing number of applicants for                                     workloads, we have decided to extend
                                                BILLING CODE 4910–13–P                                                 Social Security disability benefits and                                 the attorney advisor rule for another 2
                                                                                                                       Supplemental Security Income                                            years, until August 4, 2017. As before,
                                                                                                                       payments based on disability. We                                        we reserve the authority to end the
                                                SOCIAL SECURITY ADMINISTRATION                                         considered the public comments we                                       program earlier or to extend it by
                                                                                                                       received on the interim final rule and,                                 publishing a final rule in the Federal
                                                20 CFR Parts 404 and 416                                               on March 3, 2008, we issued a final rule                                Register.
                                                                                                                       without changes. 73 FR 11349. Under
                                                [Docket No. SSA–2015–0017]                                                                                                                     Regulatory Procedures
                                                                                                                       this rule, some attorney advisors may
                                                RIN 0960–AH83                                                          develop claims and, in appropriate                                      Justification for Issuing Final Rule
                                                                                                                       cases, issue fully favorable decisions                                  Without Notice and Comment
                                                Extension of Sunset Date for Attorney                                  before a hearing.
                                                Advisor Program                                                          We originally intended the attorney                                      We follow the Administrative
                                                AGENCY:  Social Security Administration.                               advisor program to be a temporary                                       Procedure Act (APA) rulemaking
                                                                                                                       modification to our procedures.                                         procedures specified in 5 U.S.C. 553
                                                ACTION: Final rule.
                                                                                                                       Therefore, we included in sections                                      when developing regulations. Section
                                                SUMMARY:    We are extending for 2 years                               404.942(g) and 416.1442(g) of the                                       702(a)(5) of the Social Security Act, 42
                                                our rule authorizing attorney advisors to                              interim final rule a provision that the                                 U.S.C. 902(a)(5). The APA provides
                                                conduct certain prehearing procedures                                  program would end on August 10, 2009,                                   exceptions to its notice and public
                                                and to issue fully favorable decisions.                                unless we decided to either terminate                                   comment procedures when an agency
                                                The current rule will expire on August                                 the rule earlier or extend it beyond that                               finds there is good cause for dispensing
                                                7, 2015. In this final rule, we are                                    date by publication of a final rule in the                              with such procedures because they are
                                                extending the sunset date to August 4,                                 Federal Register. Since that time, we                                   impracticable, unnecessary, or contrary
                                                2017. We are making no other                                           have periodically extended the sunset                                   to the public interest. We have
                                                substantive changes.                                                   date; as we noted above, the current                                    determined that good cause exists for
                                                DATES: This final rule is effective June
                                                                                                                       sunset date for the program is August 7,                                dispensing with the notice and public
                                                                                                                       2015. 78 FR 45460.                                                      comment procedures for this rule. 5
                                                5, 2015.
                                                FOR FURTHER INFORMATION CONTACT:                                       Explanation of Extension                                                U.S.C. 553(b)(B). Good cause exists
                                                Rainbow Lloyd, Social Security                                                                                                                 because this final rule only extends the
                                                                                                                          When we published the final rules                                    sunset date of an existing rule. It makes
                                                Administration, 5107 Leesburg Pike,                                    reinstating the attorney advisor program
                                                Falls Church, VA 22041–3260, 703–                                                                                                              no substantive changes to the rule. The
                                                                                                                       in 2008, we discussed a variety of
                                                605–7100 for information about this                                                                                                            current regulations expressly provide
                                                                                                                       concerns about the program and we
                                                final rule. For information on eligibility                                                                                                     that we may extend or terminate this
                                                                                                                       stated our intent to closely monitor it
                                                or filing for benefits, call our national                                                                                                      rule. Therefore, we have determined
                                                                                                                       and to make changes to the program if
                                                toll-free number, 1–800–772–1213 or                                                                                                            that opportunity for prior comment is
                                                                                                                       it did not meet our expectations. 73 FR
                                                TTY 1–800–325–0778, or visit our                                                                                                               unnecessary, and we are issuing this
                                                                                                                       11349, 11350, 11351, and 11352.
                                                Internet site, Social Security Online, at                                 We explained in the final rule in 2008                               rule as a final rule.
                                                http://www.socialsecurity.gov.                                         that the number of requests for hearings                                   In addition, because we are not
                                                SUPPLEMENTARY INFORMATION:                                             has increased significantly in recent                                   making any substantive changes to the
                                                                                                                       years. We anticipate that we will                                       existing rule, we find that there is good
                                                Background of the Attorney Advisor                                     continue to receive a high number of                                    cause for dispensing with the 30-day
                                                Program                                                                requests for hearings. The attorney                                     delay in the effective date of a
                                                   On August 9, 2007, we issued an                                     advisor program has assisted our efforts                                substantive rule provided by 5 U.S.C.
mstockstill on DSK4VPTVN1PROD with RULES




                                                interim final rule permitting some                                     to reduce the backlog of pending                                        553(d)(3). To ensure that we have
                                                attorney advisors to conduct certain                                   hearing requests, and we believe that                                   uninterrupted authority to use attorney
                                                prehearing procedures and issue                                        the program should continue at this                                     advisors to reduce the number of
                                                decisions that are fully favorable when                                time.                                                                   pending cases at the hearing level, we
                                                the documentary record warrants. 72 FR                                    In order to preserve the maximum                                     find that it is in the public interest to
                                                44763. We instituted this practice to                                  degree of flexibility we need to                                        make this final rule effective on the date
                                                provide more timely service to the                                     effectively manage our hearings-level                                   of publication.


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                                                                      Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations                                       31991

                                                Executive Order 12866 as                                (e), and 15, Pub. L. 98–460, 98 Stat. 1802 (42         Commission’s mailing address.
                                                Supplemented by Executive Order                         U.S.C. 421 note); sec. 202, Pub. L. 108–203,           Additionally, the current regulations
                                                13563                                                   118 Stat. 509 (42 U.S.C. 902 note).                    contain outdated references to previous
                                                  We consulted with the Office of                       ■ 2. In § 404.942, revise paragraph (g) to             regulations that no longer exist. The
                                                Management and Budget (OMB) and                         read as follows:                                       amendments also correct various minor
                                                determined that this final rule does not                                                                       grammatical errors.
                                                                                                        § 404.942 Prehearing proceedings and
                                                meet the criteria for a significant                     decisions by attorney advisors.                        DATES: Effective June 22, 2015.
                                                regulatory action under Executive Order                 *     *     *    *      *                              FOR FURTHER INFORMATION CONTACT:
                                                12866, as supplemented by Executive                       (g) Sunset provision. The provisions                 NIGC Attn: Maria Getoff, Senior
                                                Order 13563.                                            of this section will no longer be effective            Attorney, C/O Department of the
                                                                                                        on August 4, 2017, unless we terminate                 Interior, 1849 C Street NW., Mail Stop
                                                Regulatory Flexibility Act
                                                                                                        them earlier or extend them beyond that                #1621, Washington, DC 20240, or by
                                                   We certify that this final rule will not             date by notice of a final rule in the                  telephone at 202–632–7003.
                                                have a significant economic impact on                   Federal Register.                                      SUPPLEMENTARY INFORMATION:
                                                a substantial number of small entities
                                                because it affects individuals only.                    PART 416—SUPPLEMENTAL                                  I. Background
                                                Therefore, the Regulatory Flexibility                   SECURITY INCOME FOR THE AGED,                             The Indian Gaming Regulatory Act
                                                Act, as amended, does not require us to                 BLIND, AND DISABLED                                    (IGRA or the Act), Public Law 100–497,
                                                prepare a regulatory flexibility analysis.                                                                     25 U.S.C. 2701 et seq., was signed into
                                                                                                        Subpart N—[Amended]                                    law on October 17, 1988. The Act
                                                Paperwork Reduction Act
                                                                                                                                                               established the Commission and set out
                                                  This final rule does not create any                   ■ 3. The authority citation for subpart N              a comprehensive framework for the
                                                new or affect any existing collections                  continues to read as follows:                          regulation of gaming on Indian lands.
                                                and, therefore, does not require OMB                      Authority: Secs. 702(a)(5), 1631, and 1633           The purposes of the Act include:
                                                approval under the Paperwork                            of the Social Security Act (42 U.S.C.                  Providing a statutory basis for the
                                                Reduction Act.                                          902(a)(5), 1383, and 1383b); sec. 202, Pub. L.         operation of gaming by Indian tribes as
                                                                                                        108–203, 118 Stat. 509 (42 U.S.C. 902 note).
                                                (Catalog of Federal Domestic Assistance                                                                        a means of promoting tribal economic
                                                Program Nos. 96.001, Social Security—                   ■ 4. In § 416.1442, revise paragraph (g)               development, self-sufficiency, and
                                                Disability Insurance; 96.002, Social                    to read as follows:                                    strong tribal governments; ensuring that
                                                Security—Retirement Insurance; 96.004,                                                                         the Indian tribe is the primary
                                                Social Security—Survivors Insurance;                    § 416.1442 Prehearing proceedings and
                                                                                                        decisions by attorney advisors.                        beneficiary of the gaming operation; and
                                                96.006, Supplemental Security Income.)
                                                                                                                                                               declaring that the establishment of
                                                List of Subjects                                        *     *     *    *      *                              independent federal regulatory
                                                                                                          (g) Sunset provision. The provisions
                                                                                                                                                               authority for gaming on Indian lands,
                                                20 CFR Part 404                                         of this section will no longer be effective
                                                                                                                                                               the establishment of federal standards
                                                  Administrative practice and                           on August 4, 2017, unless we terminate
                                                                                                                                                               for gaming on Indian lands, and the
                                                procedure, Blind, Disability benefits,                  them earlier or extend them beyond that
                                                                                                                                                               establishment of a National Indian
                                                Old-age, Survivors and Disability                       date by notice of a final rule in the
                                                                                                                                                               Gaming Commission are necessary to
                                                Insurance, Reporting and recordkeeping                  Federal Register.
                                                                                                                                                               meet congressional concerns regarding
                                                requirements, Social security.                          [FR Doc. 2015–13768 Filed 6–4–15; 8:45 am]             gaming and to protect such gaming as a
                                                20 CFR Part 416
                                                                                                        BILLING CODE P                                         means of generating tribal revenue. 25
                                                                                                                                                               U.S.C. 2702.
                                                  Administrative practice and
                                                procedure, Reporting and recordkeeping                  DEPARTMENT OF THE INTERIOR                             II. Previous Rulemaking Activity
                                                requirements, Supplemental Security                                                                              On August 9, 2012, the Commission
                                                Income (SSI).                                           National Indian Gaming Commission                      published a final rule amending 25 CFR
                                                Carolyn W. Colvin,
                                                                                                                                                               part 573 (Compliance and Enforcement)
                                                                                                        25 CFR Parts 502, 513, 514, 516, 522,                  to include a graduated pre-enforcement
                                                Acting Commissioner of Social Security.                 531, 533, 535, 556, 559, 571, 573, 575,                process through which a tribe may come
                                                  For the reasons stated in the                         and 580                                                into voluntary compliance. 77 FR
                                                preamble, we amend subpart J of part                                                                           47517, Aug. 9, 2012. This document
                                                                                                        RIN 3141–AA50, 3141–AA25, 3141–AA40,
                                                404 and subpart N of part 416 of                        3141–AA20, 3141–AA23, 3141–AA46, 3141–                 updates references in 25 CFR part 514
                                                Chapter III of title 20 of the Code of                  AA58, 3141–AA13, 3141–AA63, 3141–AA48,                 that are no longer accurate due to those
                                                Federal Regulations as set forth below:                 3141–AA49, 3141–AA50, 3141–AA08, 3141–                 amendments.
                                                                                                        AA47                                                     On September 25, 2012, the
                                                PART 404—FEDERAL OLD–AGE,                                                                                      Commission published a final rule
                                                SURVIVORS AND DISABILITY                                Various National Indian Gaming                         consolidating all appeal proceedings
                                                INSURANCE (1950– )                                      Commission Regulations                                 before the Commission into a (then) new
                                                Subpart J—[Amended]                                     AGENCY:  National Indian Gaming                        subchapter H (Appeal Proceedings
                                                                                                        Commission, Interior.                                  Before the Commission), thereby
                                                ■ 1. The authority citation for subpart J               ACTION: Correcting amendments.                         removing former parts 524, 539, and
mstockstill on DSK4VPTVN1PROD with RULES




                                                of part 404 continues to read as follows:                                                                      577. 77 FR 58941, Sept. 25, 2012. This
                                                                                                        SUMMARY:   The National Indian Gaming                  document updates 25 CFR parts 513,
                                                  Authority: Secs. 201(j), 204(f), 205(a)–(b),
                                                (d)–(h), and (j), 221, 223(i), 225, and 702(a)(5)
                                                                                                        Commission (NIGC or Commission)                        514, 522, 533, 535, 571, 573, and 575 to
                                                of the Social Security Act (42 U.S.C. 401(j),           makes corrections to various regulations               remove references to those parts no
                                                404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i),      previously issued. The Commission                      longer in existence.
                                                425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96         recently moved its headquarters                          On January 25, 2013, the Commission
                                                Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)–         resulting in the need to update the                    published a final rule amending 25 CFR


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Document Created: 2015-12-15 15:20:26
Document Modified: 2015-12-15 15:20:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective June 5, 2015.
ContactRainbow Lloyd, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041-3260, 703- 605-7100 for information about this final rule. 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.
FR Citation80 FR 31990 
RIN Number0960-AH83
CFR Citation20 CFR 404
20 CFR 416
CFR AssociatedAdministrative Practice and Procedure; Blind; Disability Benefits; Old-Age; Survivors and Disability Insurance; Reporting and Recordkeeping Requirements; Social Security and Supplemental Security Income (ssi)

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