82 FR 34400 - Extension of Sunset Date for Attorney Advisor Program
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 82, Issue 141 (July 25, 2017)
Federal Register Volume 82, Issue 141 (July 25, 2017)
| Page Range | 34400-34401 | |
| FR Document | 2017-15493 |
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)] [Rules and Regulations] [Pages 34400-34401] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15493] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA-2017-0021] RIN 0960-AI06 Extension of Sunset Date for Attorney Advisor Program AGENCY: Social Security Administration. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are extending for six months our rule authorizing attorney advisors to conduct certain prehearing proceedings and to issue fully favorable decisions. The current rule is scheduled to expire on August 4, 2017. In this final rule, we are extending the sunset date to February 5, 2018. We are making no other substantive changes. DATES: This final rule is effective July 25, 2017. FOR FURTHER INFORMATION CONTACT: Patrick McGuire, 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, 800-772-1213 or TTY 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 proceedings and issue fully favorable decisions when the documentary record warrants doing so. 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 change. 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 Sec. Sec. 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 (see 74 FR 33327 extending to August 10, 2011; 76 FR 18383 extending to August 9, 2013; and 78 FR 45459 extending to August 7, 2015). As we noted above, the current sunset date for the program is August 4, 2017. 80 FR 31990. Explanation of Extension We published the final rule to adopt without change the interim final rule that we published on August 9, 2007. We stated our intent to monitor the program closely and to modify it if it did not meet our expectations. 73 FR 11349. We explained in the 2008 final rule that the number of requests for hearings had increased significantly in recent years. From 2008 to the present, the number of pending hearing requests has continued to remain at a high level, and we anticipate that we will continue to receive several hundred thousand hearing requests in each of the next two fiscal years.\1\ The attorney advisor program has assisted our efforts to address the high number of pending hearing requests, so we are extending the program at this time. --------------------------------------------------------------------------- \1\ Our budget estimates for fiscal year 2018 (available at: https://www.ssa.gov/budget/FY18Files/2018BST.pdf) indicate that we expect to receive approximately 632,000 hearing requests in fiscal year 2017, and 645,000 in fiscal year 2018. --------------------------------------------------------------------------- To preserve the maximum degree of flexibility we need to manage our hearings-level workloads effectively, we have decided to extend the attorney advisor rule for six months until February 5, 2018. As before, we reserve the authority to end the program earlier, to extend it by publishing a final rule in the Federal Register, or to discontinue it altogether. 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. [[Page 34401]] 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 address 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. 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. 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, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). Nancy A. Berryhill, 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 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 February 5, 2018, 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. 416.1442, 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 February 5, 2018, unless we terminate them earlier or extend them beyond that date by notice of a final rule in the Federal Register. [FR Doc. 2017-15493 Filed 7-24-17; 8:45 am] BILLING CODE P
![34400 Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations
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PART 170—ESTABLISHMENT AND toll-free number, 800–772–1213 or TTY had increased significantly in recent
DISCONTINUANCE CRITERIA FOR AIR 800–325–0778, or visit our Internet site, years. From 2008 to the present, the
TRAFFIC CONTROL SERVICES AND Social Security Online, at http:// number of pending hearing requests has
NAVIGATIONAL FACILITIES www.socialsecurity.gov. continued to remain at a high level, and
SUPPLEMENTARY INFORMATION: we anticipate that we will continue to
■ 16. The authority citation for part 170 receive several hundred thousand
continues to read as follows: Background of the Attorney Advisor hearing requests in each of the next two
Authority: 49 U.S.C. 106(g), 40103–40107,
Program fiscal years.1 The attorney advisor
40113, 44502, 44701–44702, 44708–44709, On August 9, 2007, we issued an program has assisted our efforts to
44719, 44721–44722, 46308. interim final rule permitting some address the high number of pending
attorney advisors to conduct certain hearing requests, so we are extending
§ 170.3 [Amended]
prehearing proceedings and issue fully the program at this time.
■ 17. Amend § 170.3 by removing the favorable decisions when the To preserve the maximum degree of
definition of ‘‘LORAN–C’’. documentary record warrants doing so. flexibility we need to manage our
72 FR 44763. We instituted this practice hearings-level workloads effectively, we
Subpart C [Removed and Reserved] to provide more timely service to the have decided to extend the attorney
increasing number of applicants for advisor rule for six months until
■ 18. Remove and Reserve subpart C. Social Security disability benefits and February 5, 2018. As before, we reserve
Issued under the authority provided by 49 Supplemental Security Income
U.S.C. 106(f) and 44701(a) in Washington, DC the authority to end the program earlier,
payments based on disability. We to extend it by publishing a final rule in
on July 18, 2017. considered the public comments we
Lirio Liu, the Federal Register, or to discontinue
received on the interim final rule, and it altogether.
Director, Office of Rulemaking. on March 3, 2008, we issued a final rule
[FR Doc. 2017–15517 Filed 7–24–17; 8:45 am] without change. 73 FR 11349. Under Regulatory Procedures
BILLING CODE 4910–13–P this rule, some attorney advisors may
develop claims and, in appropriate Justification for Issuing Final Rule
cases, issue fully favorable decisions Without Notice and Comment
SOCIAL SECURITY ADMINISTRATION before a hearing. We follow the Administrative
We originally intended the attorney Procedure Act (APA) rulemaking
20 CFR Parts 404 and 416 advisor program to be a temporary procedures specified in 5 U.S.C. 553
modification to our procedures. when developing regulations. Section
[Docket No. SSA–2017–0021]
Therefore, we included in §§ 404.942(g) 702(a)(5) of the Social Security Act, 42
RIN 0960–AI06 and 416.1442(g) of the interim final rule U.S.C. 902(a)(5). The APA provides
a provision that the program would end exceptions to its notice and public
Extension of Sunset Date for Attorney on August 10, 2009, unless we decided
Advisor Program comment procedures when an agency
to either terminate the rule earlier or finds there is good cause for dispensing
AGENCY: Social Security Administration. extend it beyond that date by with such procedures because they are
publication of a final rule in the Federal impracticable, unnecessary, or contrary
ACTION: Final rule. Register. Since that time, we have to the public interest. We have
SUMMARY: We are extending for six periodically extended the sunset date determined that good cause exists for
months our rule authorizing attorney (see 74 FR 33327 extending to August dispensing with the notice and public
advisors to conduct certain prehearing 10, 2011; 76 FR 18383 extending to comment procedures for this rule. 5
proceedings and to issue fully favorable August 9, 2013; and 78 FR 45459 U.S.C. 553(b)(B). Good cause exists
decisions. The current rule is scheduled extending to August 7, 2015). As we because this final rule only extends the
to expire on August 4, 2017. In this final noted above, the current sunset date for sunset date of an existing rule. It makes
rule, we are extending the sunset date the program is August 4, 2017. 80 FR no substantive changes to the rule. The
to February 5, 2018. We are making no 31990. current regulations expressly provide
other substantive changes. Explanation of Extension that we may extend or terminate this
DATES: This final rule is effective July rule. Therefore, we have determined
asabaliauskas on DSKBBY8HB2PROD with NOTICES
We published the final rule to adopt
25, 2017. without change the interim final rule that opportunity for prior comment is
FOR FURTHER INFORMATION CONTACT: that we published on August 9, 2007. unnecessary, and we are issuing this
Patrick McGuire, Social Security We stated our intent to monitor the rule as a final rule.
Administration, 5107 Leesburg Pike, program closely and to modify it if it
1 Our budget estimates for fiscal year 2018
Falls Church, VA 22041–3260, 703– did not meet our expectations. 73 FR
(available at: https://www.ssa.gov/budget/
605–7100 for information about this 11349. FY18Files/2018BST.pdf) indicate that we expect to
final rule. For information on eligibility We explained in the 2008 final rule receive approximately 632,000 hearing requests in
or filing for benefits, call our national that the number of requests for hearings fiscal year 2017, and 645,000 in fiscal year 2018.
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![Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Rules and Regulations 34401
In addition, because we are not PART 404—FEDERAL OLD-AGE, DEPARTMENT OF HEALTH AND
making any substantive changes to the SURVIVORS AND DISABILITY HUMAN SERVICES
existing rule, we find that there is good INSURANCE (1950— )
cause for dispensing with the 30-day Food and Drug Administration
delay in the effective date of a Subpart J—[Amended]
substantive rule provided by 5 U.S.C. 21 CFR Parts 11 and 101
553(d)(3). To ensure that we have ■ 1. The authority citation for subpart J
uninterrupted authority to use attorney of part 404 continues to read as follows: [Docket No. FDA–2011–F–0172]
advisors to address the number of
pending cases at the hearing level, we Authority: Secs. 201(j), 204(f), 205(a)–(b),
(d)–(h), and (j), 221, 223(i), 225, and 702(a)(5) RIN 0910–ZA48
find that it is in the public interest to
of the Social Security Act (42 U.S.C. 401(j),
make this final rule effective on the date
404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i), Food Labeling; Nutrition Labeling of
of publication.
425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96 Standard Menu Items in Restaurants
Executive Order 12866 as Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)– and Similar Retail Food
Supplemented by Executive Order (e), and 15, Pub. L. 98–460, 98 Stat. 1802 (42 Establishments; Extension of
13563 U.S.C. 421 note); sec. 202, Pub. L. 108–203, Comment Period; Correction
We consulted with the Office of 118 Stat. 509 (42 U.S.C. 902 note).
Management and Budget (OMB) and AGENCY: Food and Drug Administration,
■ 2. In § 404.942, revise paragraph (g) to HHS.
determined that this final rule does not read as follows:
meet the criteria for a significant ACTION: Interim final rule; correction.
regulatory action under Executive Order § 404.942 Prehearing proceedings and
12866, as supplemented by Executive decisions by attorney advisors.
SUMMARY: The Food and Drug
Order 13563. Therefore, OMB did not * * * * * Administration is correcting a document
review it.
(g) Sunset provision. The provisions entitled ‘‘Food Labeling; Nutrition
Regulatory Flexibility Act of this section will no longer be effective Labeling of Standard Menu Items in
We certify that this final rule will not on February 5, 2018, unless we Restaurants and Similar Retail Food
have a significant economic impact on terminate them earlier or extend them Establishments; Extension of Comment
a substantial number of small entities beyond that date by notice of a final rule Period’’ that appeared in the Federal
because it affects individuals only. in the Federal Register. Register of July 3, 2017. The document
Therefore, the Regulatory Flexibility extended the comment period for the
Act, as amended, does not require us to PART 416—SUPPLEMENTAL interim final rule that appeared in the
prepare a regulatory flexibility analysis. SECURITY INCOME FOR THE AGED, Federal Register of May 4, 2017. The
BLIND, AND DISABLED document was published with an
Paperwork Reduction Act
incorrect RIN number. This document
These rules do not create any new or Subpart N—[Amended] corrects that error.
affect any existing collections and,
therefore, do not require Office of ■ 3. The authority citation for subpart N DATES: Effective July 25, 2017.
Management and Budget approval of part 416 continues to read as follows: FOR FURTHER INFORMATION CONTACT: Lisa
under the Paperwork Reduction Act. Granger, Office of Policy, Food and Drug
Authority: Secs. 702(a)(5), 1631, and 1633
(Catalog of Federal Domestic Assistance of the Social Security Act (42 U.S.C. Administration, 10903 New Hampshire
Program Nos. 96.001, Social Security— 902(a)(5), 1383, and 1383b); sec. 202, Pub. L. Ave., Bldg. 32, Rm. 3330, Silver Spring,
Disability Insurance; 96.002, Social
108–203, 118 Stat. 509 (42 U.S.C. 902 note). MD 20993–0002, 301–796–9115.
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance; ■ 4. In § 416.1442, revise paragraph (g) SUPPLEMENTARY INFORMATION: In the
96.006, Supplemental security Income.) Federal Register of Monday, July 3,
to read as follows:
List of Subjects 2017, in FR Doc. 2017–13889, on page
§ 416.1442 Prehearing proceedings and 30730, the following correction is made:
20 CFR Part 404 decisions by attorney advisors.
1. On page 30730, in the third
Administrative practice and * * * * * column, in the headings section at the
procedure, Blind, Disability benefits, (g) Sunset provision. The provisions beginning of the document, the RIN
Old-age, survivors and disability of this section will no longer be effective number is corrected to read ‘‘RIN 0910–
insurance, Reporting and recordkeeping on February 5, 2018, unless we ZA48’’.
requirements, Social security.
terminate them earlier or extend them Dated: July 19, 2017.
20 CFR Part 416 beyond that date by notice of a final rule
Anna K. Abram,
Administrative practice and in the Federal Register.
Deputy Commissioner for Policy, Planning,
procedure, Reporting and recordkeeping [FR Doc. 2017–15493 Filed 7–24–17; 8:45 am]
Legislation, and Analysis.
requirements, Supplemental Security BILLING CODE P
[FR Doc. 2017–15538 Filed 7–24–17; 8:45 am]
asabaliauskas on DSKBBY8HB2PROD with NOTICES
Income (SSI).
BILLING CODE 4164–01–P
Nancy A. Berryhill,
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
chapter III of title 20 of the Code of
Federal Regulations as set forth below:
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Document Created: 2018-10-24 11:21:58
Document Modified: 2018-10-24 11:21:58
| 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 July 25, 2017. | |
| Contact | Patrick McGuire, 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, 800-772-1213 or TTY 800-325-0778, or visit our Internet site, Social Security Online, at http://www.socialsecurity.gov. | |
| FR Citation | 82 FR 34400 | |
| RIN Number | 0960-AI06 | |
| CFR Citation | 20
CFR
404 20 CFR 416 |
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