81 FR 73027 - Extension of the Expiration Date for State Disability Examiner Authority To Make Fully Favorable Quick Disability Determinations and Compassionate Allowance Determinations
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 81, Issue 205 (October 24, 2016)
Federal Register Volume 81, Issue 205 (October 24, 2016)
| Page Range | 73027-73028 | |
| FR Document | 2016-25565 |
[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)] [Rules and Regulations] [Pages 73027-73028] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25565] [[Page 73027]] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA-2016-0014] RIN 0960-AH94 Extension of the Expiration Date for State Disability Examiner Authority To Make Fully Favorable Quick Disability Determinations and Compassionate Allowance Determinations AGENCY: Social Security Administration. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are extending, until December 28, 2018, the expiration date of our disability examiner authority (DEA) rule, which authorizes State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our quick disability determination (QDD) and compassionate allowance (CAL) processes. This is our last extension of this rule because we will phase out the use of DEA during the extension period under section 832 of the Bipartisan Budget Act of 2015 (BBA). This extension provides us the time necessary to take all of the administrative actions we need to take in order to reinstate uniform use of medical and psychological consultants. The current rule will expire on November 11, 2016. In this final rule, we are changing the November 11, 2016 expiration or ``sunset'' date to December 28, 2018, extending the authority for 2 years and 1 month. This is the final extension of our DEA rule. On December 28, 2018, at the conclusion of this extension, the authority for this test will terminate. We are making no other changes. DATES: This final rule is effective October 24, 2016. FOR FURTHER INFORMATION CONTACT: Kenneth Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-0608, for information about this notice. 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 QDD and CAL Disability Examiner Authority On October 13, 2010, we published a final rule that temporarily authorized State agency disability examiners to make fully favorable determinations without the approval of a State agency medical or psychological consultant in claims that we consider under our QDD and CAL processes. 75 FR 62676. We included in 20 CFR 404.1615(c)(3) and 416.1015(c)(3) a sunset date, under which the DEA would expire on November 12, 2013, unless we decided to terminate it earlier or extend it by publication of a final rule in the Federal Register. Since that time, we have extended the DEA rule three times for one year each. 78 FR 66638; 79 FR 51241; 80 FR 63092. The last extension we published continues the DEA until November 11, 2016. 80 FR 63092. Explanation of Provision This final rule extends the expiration date of the DEA rule until December 28, 2018. Extending the DEA rule provides us with the time necessary for an orderly phase out of the DEA rule, and will allow us to discontinue the use of the DEA under section 832 of the Bipartisan Budget Act of 2015 (BBA).\1\ At the conclusion of this extension, by December 28, 2018, the authority for this test will terminate. --------------------------------------------------------------------------- \1\ Pub. L. 114-74, section 832, 129 Stat. 584, 613. Section 832 of the BBA amends section 221(h) of the Social Security Act, 42 U.S.C. 421(h). --------------------------------------------------------------------------- Regulatory Procedures Justification for Issuing a 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. However, 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 final rule. 5 U.S.C. 553(b)(B). Good cause exists because this final rule only extends the expiration date of the existing provisions. It makes no substantive changes to the current rule. The current regulations expressly provide that we may extend or terminate the current rule. 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 current rule, but are only extending the expiration date of the rule. For these reasons, we find it unnecessary to delay the effective date of our rule. 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 it. We also determined that this final rule meets the plain language requirement of Executive Order 12866. 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 The final rule does not create any new or affect any existing collections and, therefore, does 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; 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 Q of part 404 and subpart J of part 416 of title 20 of the Code of Federal Regulations as set forth below: [[Page 73028]] PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950--) Subpart Q--[Amended] 0 1. The authority citation for subpart Q of part 404 continues to read as follows: Authority: Secs. 205(a), 221, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)). 0 2. Amend Sec. 404.1615 by revising paragraph (c)(3) to read as follows: Sec. 404.1615 Making disability determinations. * * * * * (c) * * * (3) A State agency disability examiner alone if the claim is adjudicated under the quick disability determination process (see Sec. 404.1619) or the compassionate allowance process (see Sec. 404.1602), and the initial or reconsidered determination is fully favorable to you. This paragraph (c)(3) will no longer be effective on December 28, 2018 unless we terminate it earlier by publication of a final rule in the Federal Register; or * * * * * PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Subpart J--[Amended] 0 3. The authority citation for subpart J of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1614, 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1382c, 1383, and 1383b). 0 4. Amend Sec. 416.1015 by revising paragraph (c)(3) to read as follows: Sec. 416.1015 Making disability determinations. * * * * * (c) * * * (3) A State agency disability examiner alone if you are not a child (a person who has not attained age 18), and the claim is adjudicated under the quick disability determination process (see Sec. 416.1019) or the compassionate allowance process (see Sec. 416.1002), and the initial or reconsidered determination is fully favorable to you. This paragraph (c)(3) will no longer be effective on December 28, 2018 unless we terminate it earlier by publication of a final rule in the Federal Register; or * * * * * [FR Doc. 2016-25565 Filed 10-21-16; 8:45 am] BILLING CODE 4191-02-P
![Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Rules and Regulations 73027
SOCIAL SECURITY ADMINISTRATION make fully favorable determinations In addition, for the reasons cited
without the approval of a State agency above, we find good cause for
20 CFR Parts 404 and 416 medical or psychological consultant in dispensing with the 30-day delay in the
[Docket No. SSA–2016–0014] claims that we consider under our QDD effective date of this final rule. 5 U.S.C.
and CAL processes. 75 FR 62676. 553(d)(3). We are not making any
RIN 0960–AH94 We included in 20 CFR 404.1615(c)(3) substantive changes in our current rule,
and 416.1015(c)(3) a sunset date, under but are only extending the expiration
Extension of the Expiration Date for date of the rule. For these reasons, we
which the DEA would expire on
State Disability Examiner Authority To find it unnecessary to delay the effective
November 12, 2013, unless we decided
Make Fully Favorable Quick Disability date of our rule.
to terminate it earlier or extend it by
Determinations and Compassionate
publication of a final rule in the Federal Executive Order 12866, as
Allowance Determinations
Register. Since that time, we have Supplemented by Executive Order
AGENCY: Social Security Administration. extended the DEA rule three times for 13563
ACTION: Final rule. one year each. 78 FR 66638; 79 FR
51241; 80 FR 63092. The last extension We consulted with the Office of
SUMMARY: We are extending, until we published continues the DEA until Management and Budget (OMB) and
December 28, 2018, the expiration date November 11, 2016. 80 FR 63092. determined that this final rule does not
of our disability examiner authority meet the criteria for a significant
(DEA) rule, which authorizes State Explanation of Provision regulatory action under Executive Order
agency disability examiners to make This final rule extends the expiration 12866, as supplemented by Executive
fully favorable determinations without date of the DEA rule until December 28, Order 13563. Therefore, OMB did not
the approval of a State agency medical 2018. Extending the DEA rule provides review it.
or psychological consultant in claims We also determined that this final
us with the time necessary for an
that we consider under our quick rule meets the plain language
orderly phase out of the DEA rule, and
disability determination (QDD) and requirement of Executive Order 12866.
will allow us to discontinue the use of
compassionate allowance (CAL) the DEA under section 832 of the Regulatory Flexibility Act
processes. This is our last extension of Bipartisan Budget Act of 2015 (BBA).1 We certify that this final rule will not
this rule because we will phase out the At the conclusion of this extension, by have a significant economic impact on
use of DEA during the extension period December 28, 2018, the authority for a substantial number of small entities
under section 832 of the Bipartisan this test will terminate. because it affects individuals only.
Budget Act of 2015 (BBA). This
Regulatory Procedures Therefore, the Regulatory Flexibility
extension provides us the time
Act, as amended, does not require us to
necessary to take all of the Justification for Issuing a Final Rule prepare a regulatory flexibility analysis.
administrative actions we need to take Without Notice and Comment
in order to reinstate uniform use of Paperwork Reduction Act
medical and psychological consultants. We follow the Administrative
Procedure Act (APA) rulemaking The final rule does not create any new
The current rule will expire on or affect any existing collections and,
November 11, 2016. In this final rule, procedures specified in 5 U.S.C. 553
when developing regulations. Section therefore, does not require Office of
we are changing the November 11, 2016 Management and Budget approval
expiration or ‘‘sunset’’ date to December 702(a)(5) of the Social Security Act, 42
U.S.C. 902(a)(5). Generally, the APA under the Paperwork Reduction Act.
28, 2018, extending the authority for 2
years and 1 month. This is the final requires that an agency provide prior (Catalog of Federal Domestic Assistance
notice and opportunity for public Program Nos. 96.001, Social Security—
extension of our DEA rule. On Disability Insurance; 96.002, Social
December 28, 2018, at the conclusion of comment before issuing a final rule.
However, the APA provides exceptions Security—Retirement Insurance; 96.004,
this extension, the authority for this test Social Security—Survivors Insurance;
will terminate. We are making no other to its notice and public comment 96.006, Supplemental Security Income.)
changes. procedures when an agency finds there
is good cause for dispensing with such List of Subjects
DATES: This final rule is effective
procedures because they are
October 24, 2016. 20 CFR Part 404
impracticable, unnecessary, or contrary
FOR FURTHER INFORMATION CONTACT: to the public interest. Administrative practice and
Kenneth Williams, Office of Disability We have determined that good cause procedure; Blind, Disability benefits;
Policy, Social Security Administration, exists for dispensing with the notice and Old-age, Survivors and Disability
6401 Security Boulevard, Baltimore, MD public comment procedures for this Insurance; Reporting and recordkeeping
21235–6401, (410) 965–0608, for final rule. 5 U.S.C. 553(b)(B). Good requirements; Social security.
information about this notice. For cause exists because this final rule only
information on eligibility or filing for 20 CFR Part 416
extends the expiration date of the
benefits, call our national toll-free existing provisions. It makes no Administrative practice and
number, 1–800–772–1213 or TTY 1– substantive changes to the current rule. procedure; Reporting and recordkeeping
800–325–0778, or visit our Internet site, The current regulations expressly requirements; Supplemental Security
Social Security Online, at http:// provide that we may extend or Income (SSI).
www.socialsecurity.gov. terminate the current rule. Therefore,
jstallworth on DSK7TPTVN1PROD with RULES
Carolyn W. Colvin,
SUPPLEMENTARY INFORMATION: we have determined that opportunity Acting Commissioner of Social Security.
Background of the QDD and CAL for prior comment is unnecessary, and
we are issuing this rule as a final rule. For the reasons stated in the
Disability Examiner Authority preamble, we are amending subpart Q of
On October 13, 2010, we published a 1 Pub. L. 114–74, section 832, 129 Stat. 584, 613. part 404 and subpart J of part 416 of title
final rule that temporarily authorized Section 832 of the BBA amends section 221(h) of 20 of the Code of Federal Regulations as
State agency disability examiners to the Social Security Act, 42 U.S.C. 421(h). set forth below:
VerDate Sep<11>2014 14:53 Oct 21, 2016 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1](https://thefederalregister.org/doc/81_FR_73232/page/1.svg)
![73028 Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 / Rules and Regulations
PART 404—FEDERAL OLD-AGE, DEPARTMENT OF HEALTH AND Section 513(f)(2) of the FD&C Act, as
SURVIVORS AND DISABILITY HUMAN SERVICES amended by section 607 of the Food and
INSURANCE (1950—) Drug Administration Safety and
Food and Drug Administration Innovation Act (Pub. L. 112–144),
Subpart Q—[Amended] provides two procedures by which a
21 CFR Part 874 person may request FDA to classify a
■ 1. The authority citation for subpart Q [Docket No. FDA–2016–N–3287] device under the criteria set forth in
of part 404 continues to read as follows: section 513(a)(1). Under the first
Authority: Secs. 205(a), 221, and 702(a)(5) Medical Devices; Ear, Nose, and Throat procedure, the person submits a
of the Social Security Act (42 U.S.C. 405(a), Devices; Classification of the premarket notification under section
421, and 902(a)(5)). Eustachian Tube Balloon Dilation 510(k) of the FD&C Act for a device that
System has not previously been classified and,
■ 2. Amend § 404.1615 by revising within 30 days of receiving an order
paragraph (c)(3) to read as follows: AGENCY: Food and Drug Administration, classifying the device into class III
HHS. under section 513(f)(1) of the FD&C Act,
§ 404.1615 Making disability ACTION: Final order.
determinations. the person requests a classification
under section 513(f)(2). Under the
* * * * * SUMMARY: The Food and Drug
second procedure, rather than first
(c) * * * Administration (FDA) is classifying the
submitting a premarket notification
Eustachian tube balloon dilation system
(3) A State agency disability examiner under section 510(k) of the FD&C Act
into class II (special controls). The
alone if the claim is adjudicated under and then a request for classification
special controls that will apply to the
the quick disability determination under the first procedure, the person
device are identified in this order and
process (see § 404.1619) or the determines that there is no legally
will be part of the codified language for
compassionate allowance process (see marketed device upon which to base a
the Eustachian tube balloon dilation
§ 404.1602), and the initial or determination of substantial
system’s classification. The Agency is
reconsidered determination is fully equivalence and requests a classification
classifying the device into class II
favorable to you. This paragraph (c)(3) under section 513(f)(2) of the FD&C Act.
(special controls) in order to provide a
will no longer be effective on December If the person submits a request to
reasonable assurance of safety and
28, 2018 unless we terminate it earlier classify the device under this second
effectiveness of the device.
by publication of a final rule in the procedure, FDA may decline to
DATES: This order is effective October
Federal Register; or undertake the classification request if
24, 2016. The classification was FDA identifies a legally marketed device
* * * * * applicable on September 16, 2016. that could provide a reasonable basis for
FOR FURTHER INFORMATION CONTACT: review of substantial equivalence with
PART 416—SUPPLEMENTAL Joyce Lin, Center for Devices and
SECURITY INCOME FOR THE AGED, the device or if FDA determines that the
Radiological Health, Food and Drug device submitted is not of ‘‘low-
BLIND, AND DISABLED Administration, 10903 New Hampshire moderate risk’’ or that general controls
Ave., Bldg. 66, Rm. 2462, Silver Spring, would be inadequate to control the risks
Subpart J—[Amended]
MD, 20993–0002, 301–796–5544, and special controls to mitigate the risks
Joyce.Lin@fda.hhs.gov. cannot be developed.
■ 3. The authority citation for subpart J
SUPPLEMENTARY INFORMATION: In response to a request to classify a
of part 416 continues to read as follows:
I. Background device under either procedure provided
Authority: Secs. 702(a)(5), 1614, 1631, and by section 513(f)(2) of the FD&C Act,
1633 of the Social Security Act (42 U.S.C. In accordance with section 513(f)(1) of FDA shall classify the device by written
902(a)(5), 1382c, 1383, and 1383b). the Federal Food, Drug, and Cosmetic order within 120 days. This
■ 4. Amend § 416.1015 by revising Act (the FD&C Act) (21 U.S.C. classification will be the initial
paragraph (c)(3) to read as follows: 360c(f)(1)), devices that were not in classification of the device.
commercial distribution before May 28, On December 17, 2015, Acclarent, Inc.
§ 416.1015 Making disability 1976 (the date of enactment of the submitted a request for classification of
determinations. Medical Device Amendments of 1976), the ACCLARENT AERATM Eustachian
* * * * * generally referred to as postamendments Tube Balloon Dilation System under
devices, are classified automatically by section 513(f)(2) of the FD&C Act.
(c) * * *
statute into class III without any FDA In accordance with section 513(f)(2) of
(3) A State agency disability examiner rulemaking process. These devices the FD&C Act, FDA reviewed the
alone if you are not a child (a person remain in class III and require request in order to classify the device
who has not attained age 18), and the premarket approval, unless and until under the criteria for classification set
claim is adjudicated under the quick the device is classified or reclassified forth in section 513(a)(1). FDA classifies
disability determination process (see into class I or II, or FDA issues an order devices into class II if general controls
§ 416.1019) or the compassionate finding the device to be substantially by themselves are insufficient to
allowance process (see § 416.1002), and equivalent, in accordance with section provide reasonable assurance of safety
the initial or reconsidered 513(i) of the FD&C Act, to a predicate and effectiveness, but there is sufficient
determination is fully favorable to you. device that does not require premarket information to establish special controls
jstallworth on DSK7TPTVN1PROD with RULES
This paragraph (c)(3) will no longer be approval. The Agency determines to provide reasonable assurance of the
effective on December 28, 2018 unless whether new devices are substantially safety and effectiveness of the device for
we terminate it earlier by publication of equivalent to predicate devices by its intended use. After review of the
a final rule in the Federal Register; or means of premarket notification information submitted in the request,
* * * * * procedures in section 510(k) of the FDA determined that the device can be
[FR Doc. 2016–25565 Filed 10–21–16; 8:45 am] FD&C Act (21 U.S.C. 360(k)) and part classified into class II with the
BILLING CODE 4191–02–P 807 (21 CFR part 807) of the regulations. establishment of special controls. FDA
VerDate Sep<11>2014 14:53 Oct 21, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1](https://thefederalregister.org/doc/81_FR_73232/page/2.svg)
Document Created: 2016-10-21 23:46:28
Document Modified: 2016-10-21 23:46:28
| 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 October 24, 2016. | |
| Contact | Kenneth Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-0608, for information about this notice. 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 Citation | 81 FR 73027 | |
| RIN Number | 0960-AH94 | |
| CFR Citation | 20
CFR
404 20 CFR 416 | |
| CFR Associated | Administrative Practice and Procedure; Blind; Disability Benefits; Old-Age; Survivors and Disability Insurance; Reporting and Recordkeeping Requirements; Social Security and Administrative Practice and Procedure; Reporting and Recordkeeping Requirements; Supplemental Security Income (ssi) |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR