81 FR 41213 - Extension of Effective Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law Judge
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 81, Issue 122 (June 24, 2016)
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41213-41214 | |
| FR Document | 2016-14974 |
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)] [Rules and Regulations] [Pages 41213-41214] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14974] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA-2016-0019] RIN 0960-AI02 Extension of Effective Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law Judge AGENCY: Social Security Administration. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are extending for one year our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Extending the pilot program continues our commitment to improve the efficiency of our hearing process and to maintain a hearing process that results in accurate, high-quality decisions for claimants. The current pilot program will expire on August 12, 2016. In this final rule, we are extending the effective date to August 11, 2017. We are making no other changes. DATES: This final rule is effective June 24, 2016. FOR FURTHER INFORMATION CONTACT: Maren Weight, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041-3260, 703- 605-7100 for information about this final rule. For information on eligibility for 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 Over the past several years, one of our highest priorities has been to improve the efficiency of our hearing process for the Old Age, Survivors, and Disability Insurance (OASDI) programs under title II of the Social Security Act (Act) and the Supplemental Security Income (SSI) program under title XVI of the Act. We began a pilot program in July 2010 (75 FR 39154), under which the agency, rather than the ALJ, may set the time and place of the hearing under certain circumstances. Because we expect to continue to face significant challenges in dealing with the historically large number of hearing requests, we must maintain programs and policies that can provide us with the flexibility we need to improve the efficiency of our hearing process. When we published a final rule on July 8, 2010, authorizing the agency to set the time and place for a hearing before an ALJ, we explained that we [[Page 41214]] would implement our authority as a temporary pilot program. (75 FR 39154). Therefore, we included in sections 404.936(h) and 416.1436(h) of the final rule a provision that the pilot program would end on August 9, 2013, unless we decided to either terminate the program earlier, or extend it beyond that date by publication of a final rule in the Federal Register. Most recently, on July 2, 2015, we extended the expiration date until August 12, 2016. (80 FR 37970). Explanation of Extension During the pilot program, we tracked ALJ productivity closely, working with ALJs to addresss any concerns about our hearing process. We are continuing to work with ALJs who do not promptly schedule their hearings, and we are using a variety of authorties available to correct these situations. To date, our efforts have been largely successful. We are retaining this authority in our regulations to provide us with the flexibility we need to manage the hearing process appropriately. During this extension of the pilot program, we will continue to monitor the productivity of ALJs and to work with our ALJs to address any concerns regarding our hearing process. Accordingly, we are extending our authority to set the time and place for a hearing before an ALJ for another year, until August 11, 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)). 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 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)(3)(B)). This final rule only extends the date on which the pilot program will no longer be effective. It makes no substantive changes to our rules. Our current regulations expressly provide that we may extend the expiration date of the pilot program by notice of a final rule in the Federal Register. Therefore, we have determined that opportunity for prior comment is unnecessary, and we are issuing this rule as a final rule. In addition, for the reasons cited above, we find good cause for dispensing with the 30-day delay in the effective date of this final rule. (5 U.S.C. 553(d)(3)). We are not making any substantive changes in our rules. Without an extension of the expiration date for the pilot program, we will not have the flexibility we need to ensure the efficiency of our hearing process. Therefore, we find it is in the public interest to make this final rule effective on the publication date. 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. Therefore, OMB did not review the final rule. 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 These rules do not create any new or affect any existing collections and, therefore, do not require Office of Management and Budget 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, Aged, Blind, Disability benefits, Public assistance programs, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). Carolyn W. Colvin, Acting Commissioner of Social Security. For the reasons stated in the preamble, we are amending subpart J of part 404 and subpart N of part 416 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. 404.936, revise the second sentence in paragraph (i) to read as follows: Sec. 404.936 Time and place for a hearing before an administrative law judge. * * * * * (i) Pilot program. * * * These provisions will no longer be effective on August 11, 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 of part 416 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. 416.1436, revise the second sentence in paragraph (i) to read as follows: Sec. 416.1436 Time and place for a hearing before an administrative law judge. * * * * * (i) Pilot program. * * * These provisions will no longer be effective on August 11, 2017, unless we terminate them earlier or extend them beyond that date by notice of a final rule in the Federal Register. [FR Doc. 2016-14974 Filed 6-23-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 41213
Lisbon, ND area. (81 FR 8026) Docket procedures and air navigation, it is SOCIAL SECURITY ADMINISTRATION
No. FAA–2015–5800. Interested parties certified that this rule, when
were invited to participate in this promulgated, does not have a significant 20 CFR Parts 404 and 416
rulemaking effort by submitting written economic impact on a substantial [Docket No. SSA–2016–0019]
comments on the proposal to the FAA. number of small entities under the
No comments were received. criteria of the Regulatory Flexibility Act. RIN 0960–AI02
Class E airspace designations are
published in paragraph 6005 of FAA Environmental Review Extension of Effective Date for
Order 7400.9Z dated August 6, 2015, Temporary Pilot Program Setting the
The FAA has determined that this Time and Place for a Hearing Before an
and effective September 15, 2015, which
action qualifies for categorical exclusion Administrative Law Judge
is incorporated by reference in 14 CFR
under the National Environmental
part 71.1. The Class E airspace AGENCY: Social Security Administration.
Policy Act in accordance with FAA
designations listed in this document ACTION: Final rule.
Order 1050.1F, ‘‘Environmental
will be published subsequently in the
Impacts: Policies and Procedures,’’
Order. SUMMARY: We are extending for one year
paragraph 5–6.5. This airspace action is
Availability and Summary of our pilot program that authorizes the
not expected to cause any potentially
Documents for Incorporation by agency to set the time and place for a
significant environmental impacts, and
Reference hearing before an administrative law
no extraordinary circumstances exists
judge (ALJ). Extending the pilot program
This document amends FAA Order that warrant preparation of an
continues our commitment to improve
7400.9Z, airspace Designations and environmental assessment.
the efficiency of our hearing process and
Reporting Points, dated August 6, 2015, Lists of Subjects in 14 CFR Part 71 to maintain a hearing process that
and effective September 15, 2015. FAA results in accurate, high-quality
Order 7400.9Z is publicly available as Airspace, Incorporation by reference, decisions for claimants. The current
listed in the ADDRESSES section of this Navigation (air). pilot program will expire on August 12,
document. FAA Order 7400.9Z lists 2016. In this final rule, we are extending
Class A, B, C, D, and E airspace areas, Adoption of the Amendment
the effective date to August 11, 2017.
air traffic service routes, and reporting In consideration of the foregoing, the We are making no other changes.
points. Federal Aviation Administration DATES: This final rule is effective June
The Rule amends 14 CFR part 71 as follows: 24, 2016.
This amendment to Title 14, Code of FOR FURTHER INFORMATION CONTACT:
PART 71—DESIGNATION OF CLASS A, Maren Weight, Social Security
Federal Regulations (14 CFR) part 71
B, C, D, AND E AIRSPACE AREAS; AIR Administration, 5107 Leesburg Pike,
establishes Class E airspace extending
TRAFFIC SERVICE ROUTES; AND Falls Church, VA 22041–3260, 703–
upward from 700 feet above the surface
REPORTING POINTS 605–7100 for information about this
within a 6.5-mile radius of Lisbon
Municipal Airport, Lisbon, ND, to final rule. For information on eligibility
accommodate new RNAV standard ■ 1. The authority citation for Part 71 for filing for benefits, call our national
instrument approach procedures. continues to read as follows: toll-free number, 1–800–772–1213 or
Controlled airspace is needed for the Authority: 49 U.S.C. 106(f), 106(g); 40103, TTY 1–800–325–0778, or visit our
safety and management of IFR 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, Internet site, Social Security Online, at
operations at the airport. 1959–1963 Comp., p. 389. http://www.socialsecurity.gov.
Class E airspace designations are SUPPLEMENTARY INFORMATION:
published in Paragraph 6005 of FAA § 71.1 [Amended]
Background
Order 7400.9Z, dated August 6, 2015, ■ 2. The incorporation by reference in
and effective September 15, 2015, which Over the past several years, one of our
14 CFR 71.1 of FAA Order 7400.9Z, highest priorities has been to improve
is incorporated by reference in 14 CFR Airspace Designations and Reporting
71.1. The Class E airspace designations the efficiency of our hearing process for
Points, dated August 6, 2015, effective the Old Age, Survivors, and Disability
listed in this document will be September 15, 2015, is amended as
published subsequently in the Order. Insurance (OASDI) programs under title
follows: II of the Social Security Act (Act) and
Regulatory Notices and Analyses Paragraph 6005 Class E Airspace Areas the Supplemental Security Income (SSI)
The FAA has determined that this Extending Upward From 700 Feet or More program under title XVI of the Act. We
regulation only involves an established Above the Surface of the Earth. began a pilot program in July 2010 (75
body of technical regulations for which * * * * * FR 39154), under which the agency,
frequent and routine amendments are rather than the ALJ, may set the time
necessary to keep them operationally AGL ND E5 Lisbon, ND [New] and place of the hearing under certain
current, is non-controversial and Lisbon Municipal Airport, ND circumstances. Because we expect to
unlikely to result in adverse or negative (Lat. 46°26′49″ N., long. 097°43′42″ W.) continue to face significant challenges
comments. It, therefore: (1) Is not a That airspace extending upward from 700 in dealing with the historically large
‘‘significant regulatory action’’ under feet above the surface within a 6.5-mile number of hearing requests, we must
Executive Order 12866; (2) is not a radius of Lisbon Municipal Airport. maintain programs and policies that can
sradovich on DSK3GDR082PROD with RULES
‘‘significant rule’’ under DOT provide us with the flexibility we need
Issued in Fort Worth, TX, on June 15, 2016.
Regulatory Policies and Procedures (44 to improve the efficiency of our hearing
FR 11034; February 26, 1979); and (3) Walter Tweedy,
process.
does not warrant preparation of a Acting Manager, Operations Support Group, When we published a final rule on
Regulatory Evaluation as the anticipated ATO Central Service Center. July 8, 2010, authorizing the agency to
impact is so minimal. Since this is a [FR Doc. 2016–14873 Filed 6–23–16; 8:45 am] set the time and place for a hearing
routine matter that only affects air traffic BILLING CODE 4910–13–P before an ALJ, we explained that we
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![41214 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
would implement our authority as a pilot program by notice of a final rule requirements, Supplemental Security
temporary pilot program. (75 FR 39154). in the Federal Register. Therefore, we Income (SSI).
Therefore, we included in sections have determined that opportunity for
Carolyn W. Colvin,
404.936(h) and 416.1436(h) of the final prior comment is unnecessary, and we
rule a provision that the pilot program are issuing this rule as a final rule. Acting Commissioner of Social Security.
would end on August 9, 2013, unless we In addition, for the reasons cited For the reasons stated in the
decided to either terminate the program above, we find good cause for preamble, we are amending subpart J of
earlier, or extend it beyond that date by dispensing with the 30-day delay in the part 404 and subpart N of part 416 of
publication of a final rule in the Federal effective date of this final rule. (5 U.S.C. title 20 of the Code of Federal
Register. Most recently, on July 2, 2015, 553(d)(3)). We are not making any Regulations as set forth below:
we extended the expiration date until substantive changes in our rules.
August 12, 2016. (80 FR 37970). PART 404—FEDERAL OLD-AGE,
Without an extension of the expiration
SURVIVORS AND DISABILITY
Explanation of Extension date for the pilot program, we will not
INSURANCE (1950– )
have the flexibility we need to ensure
During the pilot program, we tracked
the efficiency of our hearing process. Subpart J —[Amended]
ALJ productivity closely, working with
Therefore, we find it is in the public
ALJs to addresss any concerns about our
interest to make this final rule effective ■ 1. The authority citation for subpart J
hearing process. We are continuing to
on the publication date. of part 404 continues to read as follows:
work with ALJs who do not promptly
schedule their hearings, and we are Executive Order 12866 as Authority: Secs. 201(j), 204(f), 205(a)–(b),
using a variety of authorties available to Supplemented by Executive Order (d)–(h), and (j), 221, 223(i), 225, and 702(a)(5)
correct these situations. To date, our 13563 of the Social Security Act (42 U.S.C. 401(j),
404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i),
efforts have been largely successful. We
We consulted with the Office of 425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96
are retaining this authority in our Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)–
regulations to provide us with the Management and Budget (OMB) and
(e), and 15, Pub. L. 98–460, 98 Stat. 1802 (42
flexibility we need to manage the determined that this final rule does not
U.S.C. 421 note); sec. 202, Pub. L. 108–203,
hearing process appropriately. meet the criteria for a significant 118 Stat. 509 (42 U.S.C. 902 note).
During this extension of the pilot regulatory action under Executive Order
program, we will continue to monitor 12866, as supplemented by Executive ■ 2. In § 404.936, revise the second
the productivity of ALJs and to work Order 13563. Therefore, OMB did not sentence in paragraph (i) to read as
with our ALJs to address any concerns review the final rule. follows:
regarding our hearing process. Regulatory Flexibility Act § 404.936 Time and place for a hearing
Accordingly, we are extending our before an administrative law judge.
authority to set the time and place for We certify that this final rule will not * * * * *
a hearing before an ALJ for another year, have a significant economic impact on (i) Pilot program. * * * These
until August 11, 2017. As before, we a substantial number of small entities provisions will no longer be effective on
reserve the authority to end the program because it affects individuals only. August 11, 2017, unless we terminate
earlier, or to extend it by publishing a Therefore, the Regulatory Flexibility them earlier or extend them beyond that
final rule in the Federal Register. Act, as amended, does not require us to date by notice of a final rule in the
prepare a regulatory flexibility analysis. Federal Register.
Regulatory Procedures
Paperwork Reduction Act
Justification for Issuing Final Rule PART 416—SUPPLEMENTAL
Without Notice and Comment These rules do not create any new or SECURITY INCOME FOR THE AGED,
We follow the Administrative affect any existing collections and, BLIND, AND DISABLED
Procedure Act (APA) rulemaking therefore, do not require Office of
procedures specified in 5 U.S.C. 553 Management and Budget approval Subpart N—[Amended]
when developing regulations. (Section under the Paperwork Reduction Act.
■ 3. The authority citation for subpart N
702(a)(5) of the Social Security Act, 42 (Catalog of Federal Domestic Assistance of part 416 continues to read as follows:
U.S.C. 902(a)(5)). Generally, the APA Program Nos. 96.001, Social Security—
requires that an agency provide prior Disability Insurance; 96.002, Social Authority: Secs. 702(a)(5), 1631, and 1633
notice and opportunity for public Security—Retirement Insurance; 96.004, of the Social Security Act (42 U.S.C.
902(a)(5), 1383, and 1383b); sec. 202, Pub. L.
comment before issuing a final rule. The Social Security—Survivors Insurance;
108–203, 118 Stat. 509 (42 U.S.C. 902 note).
APA provides exceptions to its notice 96.006, Supplemental Security Income.)
and public comment procedures when ■ 4. In § 416.1436, revise the second
List of Subjects sentence in paragraph (i) to read as
an agency finds there is good cause for
dispensing with such procedures 20 CFR Part 404 follows:
because they are impracticable,
Administrative practice and § 416.1436 Time and place for a hearing
unnecessary, or contrary to the public before an administrative law judge.
interest. We have determined that good procedure, Blind, Disability benefits,
cause exists for dispensing with the Old-age, Survivors, and Disability * * * * *
notice and public comment procedures Insurance, Reporting and recordkeeping (i) Pilot program. * * * These
sradovich on DSK3GDR082PROD with RULES
for this rule. (5 U.S.C. 553(b)(3)(B)). This requirements, Social Security. provisions will no longer be effective on
final rule only extends the date on August 11, 2017, unless we terminate
20 CFR Part 416 them earlier or extend them beyond that
which the pilot program will no longer
be effective. It makes no substantive Administrative practice and date by notice of a final rule in the
changes to our rules. Our current procedure, Aged, Blind, Disability Federal Register.
regulations expressly provide that we benefits, Public assistance programs, [FR Doc. 2016–14974 Filed 6–23–16; 8:45 am]
may extend the expiration date of the Reporting and recordkeeping BILLING CODE P
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Document Created: 2016-06-24 00:52:57
Document Modified: 2016-06-24 00:52:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective June 24, 2016. | |
| Contact | Maren Weight, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041-3260, 703- 605-7100 for information about this final rule. For information on eligibility for 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 Citation | 81 FR 41213 | |
| RIN Number | 0960-AI02 | |
| CFR Citation | 20
CFR
404 20 CFR 416 | |
| CFR Associated | Administrative Practice and Procedure; Blind; Disability Benefits; Old-Age; Survivors; Disability Insurance; Reporting and Recordkeeping Requirements; Social Security; Aged; Public Assistance Programs and Supplemental Security Income (ssi) |
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