83_FR_40609 83 FR 40451 - Making Permanent the Attorney Advisor Program

83 FR 40451 - Making Permanent the Attorney Advisor Program

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range40451-40453
FR Document2018-17547

We are making permanent the attorney advisor program, which has proved to be an integral tool in providing timely decisions to the public while maximizing the use of our administrative law judges (ALJs). The attorney advisor initiative permits some attorney advisors to develop claims, including holding prehearing conferences, and, in cases in which the documentary record clearly establishes that a fully favorable decision is warranted, issue fully favorable decisions before a hearing is conducted. We expect that by making the attorney advisor program permanent, we will be able to continue to reduce the number of pending claims at the hearing level of our administrative review process and provide more timely service to claimants.

Federal Register, Volume 83 Issue 158 (Wednesday, August 15, 2018)
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Rules and Regulations]
[Pages 40451-40453]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17547]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2018-0033]
RIN 0960-AI23


Making Permanent the Attorney Advisor Program

AGENCY: Social Security Administration.

ACTION: Final rule.

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

SUMMARY: We are making permanent the attorney advisor program, which 
has proved to be an integral tool in providing timely decisions to the 
public while maximizing the use of our administrative law judges 
(ALJs). The attorney advisor initiative permits some attorney advisors 
to develop claims, including holding prehearing conferences, and, in 
cases in which the documentary record clearly establishes that a fully 
favorable decision is warranted, issue fully favorable decisions before 
a hearing is conducted. We expect that by making the attorney advisor 
program permanent, we will be able to continue to reduce the number of 
pending claims at the hearing level of our administrative review 
process and provide more timely service to claimants.

DATES: This final rule is effective August 15, 2018.

FOR FURTHER INFORMATION CONTACT: Susan Swansiger, Office of Hearings 
Operations, Social Security Administration, 5107 Leesburg Pike, Falls 
Church, VA 22041, (703) 605-8500. 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

    Under the attorney advisor program, certain attorney advisors may 
develop claims and, in appropriate cases, issue

[[Page 40452]]

fully favorable decisions before a hearing.
    We first created the attorney advisor program in 1995 through 
notice and comment rulemaking for a limited period of two years.\1\ The 
program's success prompted us to renew it several times until it 
expired in April 2001.\2\ On August 9, 2007, we published an interim 
final rule that reinstituted the attorney advisor program in order to 
provide more timely service to the increasing number of applicants for 
Social Security disability benefits and Supplemental Security Income 
payments based on disability.\3\ We considered the public comments we 
received on the interim final rule, and on March 3, 2008, we issued a 
final rule without change.\4\
---------------------------------------------------------------------------

    \1\ 60 FR 34126 (June 30, 1995).
    \2\ 62 FR 35073 (extending expiration date to June 30, 1998); 63 
FR 35515 (extending expiration date to April 1, 1999); 64 FR 13677 
(extending expiration date to April 1, 2000), 64 FR 51892 (extending 
expiration date to April 2, 2001).
    \3\ 72 FR 44763.
    \4\ 73 FR 11349.
---------------------------------------------------------------------------

    As before, we intended the attorney advisor program to be a 
temporary modification to our procedures, but with the potential to 
become a permanent program. 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.\5\ The current sunset date for 
the program is August 2, 2019.\6\
---------------------------------------------------------------------------

    \5\ 74 FR 33327 (extending the expiration date to August 10, 
2011); 76 FR 18383 (extending the expiration date to August 9, 
2013); 78 FR 45459 (extending the expiration date to August 7, 
2015); 80 FR 31990 (extending the expiration date to August 4, 
2017); 82 FR 34400 (extending the expiration date to February 5, 
2018); and 83 FR 711 (extending the expiration date to August 3, 
2018).
    \6\ 83 FR 28992 (extending the expiration date to August 2, 
2019).
---------------------------------------------------------------------------

    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 
high, and we anticipate that we will receive several hundred thousand 
hearing requests in fiscal year 2018 and in fiscal year 2019.\7\ To 
preserve the maximum degree of flexibility and manage our hearings-
level workloads effectively, we have decided to make the attorney 
advisor rule permanent.
---------------------------------------------------------------------------

    \7\ Our budget estimates indicate that we expect to receive 
approximately 582,000 hearing requests in fiscal year 2018 and 
578,000 in fiscal year 2019 (available at: https://www.ssa.gov/budget/FY19Files/2019CJ.pdf).
---------------------------------------------------------------------------

Time Savings and Other Benefits of Making the Program Permanent

    Under the attorney advisor program, attorney advisors conduct 
certain prehearing proceedings and, when the record clearly establishes 
that a fully favorable decision is warranted, may issue a fully 
favorable decision before an ALJ holds a hearing. Thus, the attorney 
advisor program allows us to issue fully favorable decisions more 
quickly in appropriate cases, which, in turn, allows claimants to 
receive disability benefits under title II or disability payments under 
title XVI months, or perhaps even a year, earlier than if they had to 
wait for a hearing before an ALJ. As well, since attorney advisors may 
issue fully favorable decisions in cases that would otherwise require 
an ALJ to hold a hearing and issue a decision, the program allows ALJs 
to spend their time adjudicating more complex cases.
    As an added benefit of the program, even if an attorney advisor 
cannot issue a fully favorable decision after conducting prehearing 
proceedings, the summary the attorney advisor drafts during his or her 
review can be valuable to the ALJ, helping to expedite the hearing 
process. Moreover, prehearing proceedings by an attorney advisor do not 
delay the scheduling of a hearing unless a fully favorable decision is 
in process. Thus, if the attorney advisor is unable to issue a fully 
favorable decision after conducting prehearing proceedings, the case 
returns to its original place in line and continues under our standard 
hearing process, with no delays caused by the attorney advisor's 
review. For these reasons, making the attorney advisor program 
permanent benefits claimants by giving them a chance to receive a fully 
favorable decision more quickly and by expediting the overall hearings 
process, and it benefits ALJs and their support staff by allowing them 
to receive helpful case summaries from attorney advisors who assist 
with developing the record in cases that are selected for prehearing 
proceedings but that still require a hearing before an ALJ.

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 we develop regulations. 
Generally, the APA requires that an agency provide prior notice and 
opportunity for public comment before issuing a final rule. The APA 
provides exceptions to its notice and public comment procedures when an 
agency finds there is good cause for dispensing with such procedures 
because they are impracticable, unnecessary, or contrary to the public 
interest.
    We find that there is good cause under 5 U.S.C. 553(b)(B) to issue 
this regulatory change as a final rule without prior public comment. We 
find that prior public comment is unnecessary because this final rule 
merely removes the sunset provision of 20 CFR 404.942 and 416.1442 and 
does not make any substantive changes to the attorney advisor program. 
Importantly, we developed the attorney advisor program through notice 
and comment rulemaking in 1995, and we requested public comments again 
when we reinstituted the program, without change, in 2007. We received 
only three public comments in response to our 2007 interim final rule, 
and two of them supported the rule. The current rules expressly provide 
that we may extend the program beyond the current expiration date by 
notice of a final rule in the Federal Register. Accordingly, in light 
of the technical nature of the rule, and because we requested and 
addressed public comments on the attorney advisor program on two prior 
occasions, we find there is good cause to issue this final rule without 
prior public comment.
    In addition, because we are not making any substantive changes to 
the attorney advisor program, 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 meets the requirements for a 
significant regulatory action under Executive Order (E.O.) 12866, as 
supplemented by E.O. 13563. Therefore, OMB has reviewed this final 
rule.

Executive Order 13771

    This rule is not subject to the requirements of Executive Order 
13771 because it is administrative in nature

[[Page 40453]]

and results in no more than de minimis costs.

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).


Sec.  404.942   [Amended]

0
2. In Sec.  404.942, remove paragraph (g).

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).


Sec.  416.1442   [Amended]

0
4. In Sec.  416.1442, remove paragraph (g).

[FR Doc. 2018-17547 Filed 8-14-18; 8:45 am]
 BILLING CODE 4191-02-P



                                                              Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations                                             40451

                                             (l) Parts Installation Limitations                         (ii) Bombardier Repair Engineering Order           Administration (NARA). For information on
                                                (1) As of the effective date of this AD, no          (REO) 604–27–42–011, ‘‘General Repair—                the availability of this material at NARA, call
                                             person may install, on any airplane, an HSTA            HSTA Trunnion P/N 601R92386–1/–3,’’                   202–741–6030, or go to: http://
                                             attachment pin, unless the pin has a serial             dated December 15, 2016.                              www.archives.gov/federal-register/cfr/ibr-
                                             number.                                                    (iii) Bombardier Repair Engineering Order          locations.html.
                                                (2) As of the effective date of this AD, no          (REO) 604–27–42–012, ‘‘General Repair—
                                                                                                                                                             Issued in Des Moines, Washington, on
                                             person may install, on any Bombardier, Inc.,            HSTA Upper and Lower Pins,’’ dated
                                                                                                                                                           August 5, 2018.
                                             Model CL–600–2B16 (604 Variant) airplane                December 15, 2016.
                                                                                                        (iv) Bombardier Service Bulletin 600–0760,         Michael Kaszycki,
                                             with serial number 5301 and subsequent, an
                                             HSTA trunnion, unless the HSTA trunnion                 Revision 01, dated April 21, 2017.                    Acting Director, System Oversight Division,
                                             has a serial number.                                       (v) Bombardier Service Bulletin 601–0626,          Aircraft Certification Service.
                                                                                                     Revision 01, dated April 21, 2017.                    [FR Doc. 2018–17483 Filed 8–14–18; 8:45 am]
                                             (m) Other FAA AD Provisions                                (vi) Bombardier Service Bulletin 604–27–
                                                                                                                                                           BILLING CODE 4910–13–P
                                                The following provisions also apply to this          034, Revision 01, dated April 21, 2017.
                                             AD:                                                        (vii) Bombardier Service Bulletin 605–27–
                                                (1) Alternative Methods of Compliance                005, Revision 01, dated April 21, 2017.
                                             (AMOCs): The Manager, New York ACO                         (viii) Section 5–10–10, ‘‘Time Limits              SOCIAL SECURITY ADMINISTRATION
                                             Branch, FAA, has the authority to approve               (Structural),’’ of Section 5–10–00,
                                             AMOCs for this AD, if requested using the               ‘‘Airworthiness Limitations,’’ of Bombardier          20 CFR Parts 404 and 416
                                             procedures found in 14 CFR 39.19. In                    Challenger 600 Time Limits/Maintenance
                                             accordance with 14 CFR 39.19, send your                 Checks, Publication No. PSP 605, Revision             [Docket No. SSA–2018–0033]
                                             request to your principal inspector or local            39, dated January 8, 2018.                            RIN 0960–AI23
                                             Flight Standards District Office, as                       (ix) Section 5–10–00, ‘‘Airworthiness
                                             appropriate. If sending information directly            Limitations,’’ of Bombardier Challenger 601           Making Permanent the Attorney
                                             to the manager of the certification office,             Time Limits/Maintenance Checks,
                                             send it to ATTN: Program Manager,                       Publication No. PSP 601–5, Revision 46,
                                                                                                                                                           Advisor Program
                                             Continuing Operational Safety, FAA, New                 dated January 8, 2018.                                AGENCY:    Social Security Administration.
                                             York ACO Branch, 1600 Stewart Avenue,                      (A) Section 5–10–10, ‘‘Time Limits
                                             Suite 410, Westbury, NY 11590; telephone                (Structural)—Pre SB 601–0280.’’                       ACTION:   Final rule.
                                             516–228–7300; fax 516–794–5531. Before                     (B) Section 5–10–11, ‘‘Time Limits
                                             using any approved AMOC, notify your                    (Structural)—Post SB 601–0280.’’                      SUMMARY:    We are making permanent the
                                             appropriate principal inspector, or lacking a              (C) Section 5–10–12, ‘‘Time Limits                 attorney advisor program, which has
                                             principal inspector, the manager of the local           (Structural)—Post SB 601–0360.’’                      proved to be an integral tool in
                                             flight standards district office/certificate               (x) Section 5–10–00, ‘‘Airworthiness               providing timely decisions to the public
                                             holding district office.                                Limitations,’’ of Bombardier Challenger 601           while maximizing the use of our
                                                (2) Contacting the Manufacturer: For any             Time Limits/Maintenance Checks,                       administrative law judges (ALJs). The
                                             requirement in this AD to obtain corrective             Publication No. PSP 601A–5, Revision 42,
                                             actions from a manufacturer, the action must                                                                  attorney advisor initiative permits some
                                                                                                     dated January 8, 2018.                                attorney advisors to develop claims,
                                             be accomplished using a method approved                    (A) Section 5–10–10, ‘‘Time Limits
                                             by the Manager, New York ACO Branch,                                                                          including holding prehearing
                                                                                                     (Structural).’’
                                             FAA; or TCCA; or Bombardier, Inc.’s TCCA                   (B) Section 5–10–11, ‘‘Time Limits                 conferences, and, in cases in which the
                                             DAO. If approved by the DAO, the approval               (Structural).’’                                       documentary record clearly establishes
                                             must include the DAO-authorized signature.                 (C) Section 5–10–12, ‘‘Time Limits                 that a fully favorable decision is
                                             (n) Related Information                                 (Structural).’’                                       warranted, issue fully favorable
                                                (1) Refer to Mandatory Continuing
                                                                                                        (xi) Section 5–10–10, ‘‘Life Limits                decisions before a hearing is conducted.
                                                                                                     (Structures),’’ of Bombardier Challenger 604          We expect that by making the attorney
                                             Airworthiness Information (MCAI) Canadian
                                             AD CF–2017–24, dated July 12, 2017, for                 CL–604 Time Limits/Maintenance Checks,                advisor program permanent, we will be
                                             related information. This MCAI may be                   Part 2 Airworthiness Limitations, Revision            able to continue to reduce the number
                                                                                                     30, dated December 4, 2017.
                                             found in the AD docket on the internet at                                                                     of pending claims at the hearing level of
                                             http://www.regulations.gov by searching for                (xii) Section 5–10–10, ‘‘Life Limits
                                                                                                     (Structures),’’ of Bombardier Challenger 605          our administrative review process and
                                             and locating Docket No. FAA–2018–0028.                                                                        provide more timely service to
                                                (2) For more information about this AD,              CL–605 Time Limits/Maintenance Checks,
                                                                                                     Part 2 Airworthiness Limitations, Revision            claimants.
                                             contact Aziz Ahmed, Aerospace Engineer,
                                             Airframe and Mechanical Systems Section,                18, dated December 4, 2017.                           DATES:  This final rule is effective August
                                             FAA, New York ACO Branch, 1600 Stewart                     (xiii) Section 5–10–10, ‘‘Life Limits
                                                                                                                                                           15, 2018.
                                             Avenue, Suite 410, Westbury, NY 11590;                  (Structures),’’ of Bombardier Challenger 650
                                                                                                     CL–650 Time Limits/Maintenance Checks,                FOR FURTHER INFORMATION CONTACT:
                                             telephone 516–228–7239; fax 516–794–5531;
                                             email 9-avs-nyaco-cos@faa.gov.                          Part 2 Airworthiness Limitations, Revision 5,         Susan Swansiger, Office of Hearings
                                                (3) Service information identified in this           dated December 4, 2017.                               Operations, Social Security
                                             AD that is not incorporated by reference is                (3) For service information identified in          Administration, 5107 Leesburg Pike,
                                             available at the addresses specified in                 this AD, contact Bombardier, Inc., 400 Côte-         Falls Church, VA 22041, (703) 605–
                                             paragraphs (o)(3) and (o)(4) of this AD.                Vertu Road West, Dorval, Québec H4S 1Y9,             8500. For information on eligibility or
                                                                                                     Canada; Widebody Customer Response
                                             (o) Material Incorporated by Reference                                                                        filing for benefits, call our national toll-
                                                                                                     Center North America toll-free telephone 1–
                                                                                                     866–538–1247 or direct-dial telephone 1–              free number, 800–772–1213 or TTY
                                                (1) The Director of the Federal Register
                                             approved the incorporation by reference                 514–855–2999; fax 514–855–7401; email                 800–325–0778, or visit our internet site,
                                             (IBR) of the service information listed in this         ac.yul@aero.bombardier.com; internet http://          Social Security Online, at http://
                                             paragraph under 5 U.S.C. 552(a) and 1 CFR               www.bombardier.com.                                   www.socialsecurity.gov.
                                             part 51.                                                   (4) You may view this service information
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                                                                                                                                                           SUPPLEMENTARY INFORMATION:
                                                (2) You must use this service information            at the FAA, Transport Standards Branch,
                                             as applicable to do the actions required by             2200 South 216th St., Des Moines, WA. For             Background of the Attorney Advisor
                                             this AD, unless this AD specifies otherwise.            information on the availability of this               Program
                                                (i) Bombardier Repair Engineering Order              material at the FAA, call 206–231–3195.
                                             (REO) 600–27–42–002, ‘‘General Repair—                     (5) You may view this service information            Under the attorney advisor program,
                                             HSTA Upper and Lower Pins,’’ dated                      that is incorporated by reference at the              certain attorney advisors may develop
                                             December 15, 2016.                                      National Archives and Records                         claims and, in appropriate cases, issue


                                        VerDate Sep<11>2014   16:11 Aug 14, 2018   Jkt 244001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\15AUR1.SGM   15AUR1


                                             40452            Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations

                                             fully favorable decisions before a                      decided to make the attorney advisor                  opportunity for public comment before
                                             hearing.                                                rule permanent.                                       issuing a final rule. The APA provides
                                                We first created the attorney advisor                                                                      exceptions to its notice and public
                                                                                                     Time Savings and Other Benefits of
                                             program in 1995 through notice and                                                                            comment procedures when an agency
                                                                                                     Making the Program Permanent
                                             comment rulemaking for a limited                                                                              finds there is good cause for dispensing
                                             period of two years.1 The program’s                        Under the attorney advisor program,                with such procedures because they are
                                             success prompted us to renew it several                 attorney advisors conduct certain                     impracticable, unnecessary, or contrary
                                             times until it expired in April 2001.2 On               prehearing proceedings and, when the                  to the public interest.
                                             August 9, 2007, we published an                         record clearly establishes that a fully                  We find that there is good cause
                                             interim final rule that reinstituted the                favorable decision is warranted, may                  under 5 U.S.C. 553(b)(B) to issue this
                                             attorney advisor program in order to                    issue a fully favorable decision before               regulatory change as a final rule without
                                             provide more timely service to the                      an ALJ holds a hearing. Thus, the                     prior public comment. We find that
                                             increasing number of applicants for                     attorney advisor program allows us to                 prior public comment is unnecessary
                                             Social Security disability benefits and                 issue fully favorable decisions more                  because this final rule merely removes
                                             Supplemental Security Income                            quickly in appropriate cases, which, in               the sunset provision of 20 CFR 404.942
                                             payments based on disability.3 We                       turn, allows claimants to receive                     and 416.1442 and does not make any
                                             considered the public comments we                       disability benefits under title II or                 substantive changes to the attorney
                                             received on the interim final rule, and                 disability payments under title XVI                   advisor program. Importantly, we
                                             on March 3, 2008, we issued a final rule                months, or perhaps even a year, earlier               developed the attorney advisor program
                                             without change.4                                        than if they had to wait for a hearing                through notice and comment
                                                As before, we intended the attorney                  before an ALJ. As well, since attorney                rulemaking in 1995, and we requested
                                             advisor program to be a temporary                       advisors may issue fully favorable                    public comments again when we
                                             modification to our procedures, but                     decisions in cases that would otherwise               reinstituted the program, without
                                             with the potential to become a                          require an ALJ to hold a hearing and                  change, in 2007. We received only three
                                             permanent program. Therefore, we                        issue a decision, the program allows                  public comments in response to our
                                             included in sections 404.942(g) and                     ALJs to spend their time adjudicating                 2007 interim final rule, and two of them
                                             416.1442(g) of the interim final rule a                 more complex cases.                                   supported the rule. The current rules
                                             provision that the program would end                       As an added benefit of the program,                expressly provide that we may extend
                                             on August 10, 2009, unless we decided                   even if an attorney advisor cannot issue              the program beyond the current
                                             to either terminate the rule earlier or                 a fully favorable decision after                      expiration date by notice of a final rule
                                             extend it beyond that date by                           conducting prehearing proceedings, the                in the Federal Register. Accordingly, in
                                             publication of a final rule in the Federal              summary the attorney advisor drafts                   light of the technical nature of the rule,
                                             Register. Since that time, we have                      during his or her review can be valuable              and because we requested and
                                             periodically extended the sunset date.5                 to the ALJ, helping to expedite the                   addressed public comments on the
                                             The current sunset date for the program                 hearing process. Moreover, prehearing                 attorney advisor program on two prior
                                             is August 2, 2019.6                                     proceedings by an attorney advisor do                 occasions, we find there is good cause
                                                We explained in the 2008 final rule                  not delay the scheduling of a hearing                 to issue this final rule without prior
                                             that the number of requests for hearings                unless a fully favorable decision is in               public comment.
                                             had increased significantly in recent                   process. Thus, if the attorney advisor is                In addition, because we are not
                                             years. From 2008 to the present, the                    unable to issue a fully favorable                     making any substantive changes to the
                                             number of pending hearing requests has                  decision after conducting prehearing                  attorney advisor program, we find that
                                             continued to remain high, and we                        proceedings, the case returns to its                  there is good cause for dispensing with
                                             anticipate that we will receive several                 original place in line and continues                  the 30-day delay in the effective date of
                                             hundred thousand hearing requests in                    under our standard hearing process,                   a substantive rule provided by 5 U.S.C.
                                             fiscal year 2018 and in fiscal year 2019.7              with no delays caused by the attorney                 553(d)(3). To ensure that we have
                                             To preserve the maximum degree of                       advisor’s review. For these reasons,                  uninterrupted authority to use attorney
                                             flexibility and manage our hearings-                    making the attorney advisor program                   advisors to address the number of
                                             level workloads effectively, we have                    permanent benefits claimants by giving                pending cases at the hearing level, we
                                                                                                     them a chance to receive a fully                      find that it is in the public interest to
                                               1 60  FR 34126 (June 30, 1995).                       favorable decision more quickly and by                make this final rule effective on the date
                                               2 62  FR 35073 (extending expiration date to June     expediting the overall hearings process,              of publication.
                                             30, 1998); 63 FR 35515 (extending expiration date       and it benefits ALJs and their support
                                             to April 1, 1999); 64 FR 13677 (extending expiration    staff by allowing them to receive helpful             Executive Order 12866 as
                                             date to April 1, 2000), 64 FR 51892 (extending
                                             expiration date to April 2, 2001).                      case summaries from attorney advisors                 Supplemented by Executive Order
                                                3 72 FR 44763.                                       who assist with developing the record                 13563
                                                4 73 FR 11349.                                       in cases that are selected for prehearing               We consulted with the Office of
                                                5 74 FR 33327 (extending the expiration date to      proceedings but that still require a                  Management and Budget (OMB) and
                                             August 10, 2011); 76 FR 18383 (extending the            hearing before an ALJ.
                                             expiration date to August 9, 2013); 78 FR 45459                                                               determined that this final rule meets the
                                             (extending the expiration date to August 7, 2015);      Regulatory Procedures                                 requirements for a significant regulatory
                                             80 FR 31990 (extending the expiration date to                                                                 action under Executive Order (E.O.)
                                             August 4, 2017); 82 FR 34400 (extending the             Justification for Issuing a Final Rule                12866, as supplemented by E.O. 13563.
                                             expiration date to February 5, 2018); and 83 FR 711     Without Notice and Comment                            Therefore, OMB has reviewed this final
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                                             (extending the expiration date to August 3, 2018).
                                                6 83 FR 28992 (extending the expiration date to        We follow the Administrative                        rule.
                                             August 2, 2019).                                        Procedure Act (APA) rulemaking
                                                7 Our budget estimates indicate that we expect to                                                          Executive Order 13771
                                                                                                     procedures specified in 5 U.S.C. 553
                                             receive approximately 582,000 hearing requests in
                                             fiscal year 2018 and 578,000 in fiscal year 2019
                                                                                                     when we develop regulations.                            This rule is not subject to the
                                             (available at: https://www.ssa.gov/budget/              Generally, the APA requires that an                   requirements of Executive Order 13771
                                             FY19Files/2019CJ.pdf).                                  agency provide prior notice and                       because it is administrative in nature


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                                                              Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Rules and Regulations                                              40453

                                             and results in no more than de minimis                  PART 416—SUPPLEMENTAL                                    PBGC uses the interest assumptions in
                                             costs.                                                  SECURITY INCOME FOR THE AGED,                         appendix B to part 4022 to determine
                                                                                                     BLIND, AND DISABLED                                   whether a benefit is payable as a lump
                                             Regulatory Flexibility Act
                                                                                                                                                           sum and to determine the amount to
                                                We certify that this final rule will not             Subpart N—[Amended]                                   pay. Appendix C to part 4022 contains
                                             have a significant economic impact on                                                                         interest assumptions for private-sector
                                             a substantial number of small entities                  ■ 3. The authority citation for subpart N             pension practitioners to refer to if they
                                             because it affects individuals only.                    continues to read as follows:                         wish to use lump-sum interest rates
                                             Therefore, the Regulatory Flexibility                     Authority: Secs. 702(a)(5), 1631, and 1633          determined using PBGC’s historical
                                             Act, as amended, does not require us to                 of the Social Security Act (42 U.S.C.                 methodology. Currently, the rates in
                                             prepare a regulatory flexibility analysis.              902(a)(5), 1383, and 1383b); sec. 202, Pub. L.        appendices B and C of the benefit
                                                                                                     108–203, 118 Stat. 509 (42 U.S.C. 902 note).          payment regulation are the same.
                                             Paperwork Reduction Act                                                                                          The interest assumptions are intended
                                                                                                     § 416.1442    [Amended]
                                                These rules do not create any new or                                                                       to reflect current conditions in the
                                             affect any existing collections and,                    ■ 4. In § 416.1442, remove paragraph                  financial and annuity markets.
                                             therefore, do not require Office of                     (g).                                                  Assumptions under the benefit
                                             Management and Budget approval                          [FR Doc. 2018–17547 Filed 8–14–18; 8:45 am]           payments regulation are updated
                                             under the Paperwork Reduction Act.                      BILLING CODE 4191–02–P                                monthly. This final rule updates the
                                             (Catalog of Federal Domestic Assistance                                                                       benefit payments interest assumptions
                                             Program Nos. 96.001, Social Security—                                                                         for September 2018.1
                                             Disability Insurance; 96.002, Social                    PENSION BENEFIT GUARANTY                                 The September 2018 interest
                                             Security—Retirement Insurance; 96.004,                  CORPORATION                                           assumptions under the benefit payments
                                             Social Security—Survivors Insurance;                                                                          regulation will be 1.25 percent for the
                                             96.006, Supplemental Security Income.)                  29 CFR Part 4022                                      period during which a benefit is in pay
                                             List of Subjects                                                                                              status and 4.00 percent during any years
                                                                                                     Benefits Payable in Terminated Single-                preceding the benefit’s placement in pay
                                             20 CFR Part 404                                         Employer Plans; Interest Assumptions                  status. In comparison with the interest
                                               Administrative practice and                           for Paying Benefits                                   assumptions in effect for August 2018,
                                             procedure; Blind; Disability benefits;                                                                        these assumptions represent no change
                                                                                                     AGENCY:  Pension Benefit Guaranty                     in the immediate rate and are otherwise
                                             Old-age, Survivors and Disability                       Corporation.
                                             Insurance; Reporting and recordkeeping                                                                        unchanged.
                                                                                                     ACTION: Final rule.                                      PBGC has determined that notice and
                                             requirements; Social security.
                                                                                                                                                           public comment on this amendment are
                                             20 CFR Part 416                                         SUMMARY:   This final rule amends the                 impracticable and contrary to the public
                                                                                                     Pension Benefit Guaranty Corporation’s                interest. This finding is based on the
                                               Administrative practice and                           regulation on Benefits Payable in
                                             procedure; Reporting and recordkeeping                                                                        need to determine and issue new
                                                                                                     Terminated Single-Employer Plans to                   interest assumptions promptly so that
                                             requirements; Supplemental Security                     prescribe interest assumptions under
                                             Income (SSI).                                                                                                 the assumptions can reflect current
                                                                                                     the regulation for valuation dates in                 market conditions as accurately as
                                                                                                     September 2018. The interest                          possible.
                                             Nancy A. Berryhill,
                                                                                                     assumptions are used for paying                          Because of the need to provide
                                             Acting Commissioner of Social Security.                 benefits under terminating single-                    immediate guidance for the payment of
                                               For the reasons stated in the                         employer plans covered by the pension                 benefits under plans with valuation
                                             preamble, we are amending subpart J of                  insurance system administered by                      dates during September 2018, PBGC
                                             part 404 and subpart N of part 416 of                   PBGC.                                                 finds that good cause exists for making
                                             Chapter III of title 20 of the Code of                  DATES:   Effective September 1, 2018.                 the assumptions set forth in this
                                             Federal Regulations as set forth below:                                                                       amendment effective less than 30 days
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                     Hilary Duke (duke.hilary@pbgc.gov),                   after publication.
                                             PART 404—FEDERAL OLD–AGE,                                                                                        PBGC has determined that this action
                                             SURVIVORS AND DISABILITY                                Assistant General Counsel for
                                                                                                     Regulatory Affairs, Pension Benefit                   is not a ‘‘significant regulatory action’’
                                             INSURANCE                                                                                                     under the criteria set forth in Executive
                                                                                                     Guaranty Corporation, 1200 K Street
                                                 (1950–   )                                          NW, Washington, DC 20005, 202–326–                    Order 12866.
                                                                                                     4400 ext. 3839. (TTY users may call the                  Because no general notice of proposed
                                             Subpart J—[Amended]                                     Federal relay service toll-free at 1–800–             rulemaking is required for this
                                                                                                     877–8339 and ask to be connected to                   amendment, the Regulatory Flexibility
                                             ■ 1. The authority citation for subpart J               202–326–4400, ext. 3839.)                             Act of 1980 does not apply. See 5 U.S.C.
                                             of part 404 continues to read as follows:                                                                     601(2).
                                                                                                     SUPPLEMENTARY INFORMATION: PBGC’s
                                                Authority: Secs. 201(j), 204(f), 205(a)–(b),         regulation on Benefits Payable in                     List of Subjects in 29 CFR Part 4022
                                             (d)–(h), and (j), 221, 223(i), 225, and 702(a)(5)       Terminated Single-Employer Plans (29
                                             of the Social Security Act (42 U.S.C. 401(j),                                                                   Employee benefit plans, Pension
                                             404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i),
                                                                                                     CFR part 4022) prescribes actuarial                   insurance, Pensions, Reporting and
                                             425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96         assumptions—including interest                        recordkeeping requirements.
                                                                                                     assumptions—for paying plan benefits
daltland on DSKBBV9HB2PROD with RULES




                                             Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)–
                                             (e), and 15, Pub. L. 98–460, 98 Stat. 1802 (42          under terminated single-employer plans                  1 Appendix B to PBGC’s regulation on Allocation

                                             U.S.C. 421 note); sec. 202, Pub. L. 108–203,            covered by title IV of the Employee                   of Assets in Single-Employer Plans (29 CFR part
                                             118 Stat. 509 (42 U.S.C. 902 note).                     Retirement Income Security Act of 1974.               4044) prescribes interest assumptions for valuing
                                                                                                                                                           benefits under terminating covered single-employer
                                                                                                     The interest assumptions in the                       plans for purposes of allocation of assets under
                                             § 404.942    [Amended]
                                                                                                     regulation are also published on PBGC’s               ERISA section 4044. Those assumptions are
                                             ■   2. In § 404.942, remove paragraph (g).              website (http://www.pbgc.gov).                        updated quarterly.



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Document Created: 2018-08-15 01:25:37
Document Modified: 2018-08-15 01:25:37
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 August 15, 2018.
ContactSusan Swansiger, Office of Hearings Operations, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041, (703) 605-8500. 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 Citation83 FR 40451 
RIN Number0960-AI23
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 Administrative Practice and Procedure; Reporting and Recordkeeping Requirements; Supplemental Security Income (ssi)

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