83 FR 711 - Extension of Sunset Date for Attorney Advisor Program
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 83, Issue 5 (January 8, 2018)
Federal Register Volume 83, Issue 5 (January 8, 2018)
| Page Range | 711-712 | |
| FR Document | 2018-00058 |
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)] [Rules and Regulations] [Pages 711-712] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00058] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA-2017-0062] RIN 0960-AI26 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 February 5, 2018. In this final rule, we are extending the sunset date to August 3, 2018. We are making no other substantive changes. DATES: This final rule is effective January 8, 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 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 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 (see 74 FR 33327 extending to August 10, 2011; 76 FR 18383 extending to August 9, 2013; 78 FR 45459 extending to August 7, 2015; and 80 FR 31990 extending to August 4, 2017). As we noted above, the current sunset date for the program is February 5, 2018. 82 FR 34400. 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 receive several hundred thousand hearing requests in fiscal year 2018.\1\ We are extending the program at this time while we continue to consider our options with respect to the program. --------------------------------------------------------------------------- \1\ Our budget estimates indicate that we expect to receive approximately 645,000 hearing requests in fiscal year 2018 (available at: https://www.ssa.gov/budget/FY18Files/2018BO.pdf). --------------------------------------------------------------------------- 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 August 3, 2018. As before, we reserve the authority to end the program earlier, to [[Page 712]] 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 expiration date of an existing rule. It makes no substantive changes to the rule. The current regulations expressly provide that we may extend or terminate this rule. Therefore, we have determined that opportunity for prior comment is unnecessary, and we are issuing this rule as a final rule. In addition, because we are not making any substantive changes to the existing rule, we find that there is good cause for dispensing with the 30-day delay in the effective date of a substantive rule provided by 5 U.S.C. 553(d)(3). To ensure that we have uninterrupted authority to use attorney advisors to 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 although we do not believe that this will be a significant regulatory action under Executive Order (E.O.) 12866, as supplemented by E.O. 13563, OMB has reviewed this final rule. Regulatory Flexibility Act We certify that this final rule will not have a significant economic impact on a substantial number of small entities because it affects individuals only. Therefore, the Regulatory Flexibility Act, as amended, does not require us to prepare a regulatory flexibility analysis. Paperwork Reduction Act This final rule does not create any new or affect any existing collections and, therefore, does not require OMB approval under the Paperwork Reduction Act. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security--Disability Insurance; 96.002, Social Security--Retirement Insurance; 96.004, Social Security--Survivors Insurance; 96.006, Supplemental Security Income.) List of Subjects 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-age, Survivors and Disability Insurance, Reporting and recordkeeping requirements, Social security. 20 CFR Part 416 Administrative practice and procedure, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). Dated: December 28, 2017. 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 August 3, 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 continues to read as follows: Authority: Secs. 702(a)(5), 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note). 0 4. In Sec. 416.1442, revise paragraph (g) to read as follows: Sec. 416.1442 Prehearing proceedings and decisions by attorney advisors. * * * * * (g) Sunset provision. The provisions of this section will no longer be effective on August 3, 2018, unless we terminate them earlier or extend them beyond that date by notice of a final rule in the Federal Register. [FR Doc. 2018-00058 Filed 1-5-18; 8:45 am] BILLING CODE 4191-02-P
![Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 711
engines and related items for vessels of ‘‘components,’’ ‘‘accessories,’’ and favorable decisions when the
war, see ECCN 9A619. ‘‘attachments’’ ‘‘specially designed’’ therefor: documentary record warrants doing so.
Related Definitions: N/A. y.1. Public address (PA) systems; 72 FR 44763. We instituted this practice
Items: y.2. Filters and filter assemblies, hoses,
to provide more timely service to the
a. Surface vessels of war ‘‘specially lines, fittings, couplings, and brackets for
pneumatic, hydraulic, oil and fuel systems; increasing number of applicants for
designed’’ for a military use and not
enumerated or otherwise described in the y.3. Galleys; Social Security disability benefits and
USML. y.4. Lavatories; Supplemental Security Income
Note 1: 8A609.a includes: (i) Underway y.5. Magnetic compass, magnetic azimuth payments based on disability. We
replenishment ships; (ii) surface vessel and detector; considered the public comments we
submarine tender and repair ships, except y.6. Medical facilities; received on the interim final rule, and
vessels that are ‘‘specially designed’’ to y.7. Potable water tanks, filters, valves, on March 3, 2008, we issued a final rule
support naval nuclear propulsion plants; (iii) hoses, lines, fittings, couplings, and brackets; without change. 73 FR 11349. Under
non-submersible submarine rescue ships; (iv) y.8. Panel knobs, indicators, switches,
this rule, some attorney advisors may
other auxiliaries (e.g., AGDS, AGF, AGM, buttons, and dials whether unfiltered or
filtered for use with night vision imaging develop claims and, in appropriate
AGOR, AGOS, AH, AP, ARL, AVB, AVM, and cases, issue fully favorable decisions
AVT); (v) amphibious warfare craft, except systems;
those that are armed; and (vi) unarmored y.9. Emergency lighting; before a hearing.
and unarmed coastal, patrol, roadstead, and y.10. Gauges and indicators; We originally intended the attorney
Coast Guard and other patrol craft with y.11. Audio selector panels. advisor program to be a temporary
mounts or hard points for firearms of .50 Dated: January 2, 2018. modification to our procedures.
caliber or less.
Karen H. Nies-Vogel, Therefore, we included in sections
Note 2: For purposes of paragraph .a, 404.942(g) and 416.1442(g) of the
Director, Office of Exporter Services.
surface vessels of war includes vessels interim final rule a provision that the
[FR Doc. 2018–00059 Filed 1–5–18; 8:45 am]
‘‘specially designed’’ for military use that are program would end on August 10, 2009,
not identified in paragraph (a) of ITAR BILLING CODE–P unless we decided to either terminate
§ 121.15, including any demilitarized vessels, the rule earlier or extend it beyond that
regardless of origin or designation, date by publication of a final rule in the
manufactured prior to 1950 and that have SOCIAL SECURITY ADMINISTRATION Federal Register. Since that time, we
not been modified since 1949. For purposes
have periodically extended the sunset
of this note, the term modified does not 20 CFR Parts 404 and 416
include incorporation of safety features date (see 74 FR 33327 extending to
required by law, cosmetic changes (e.g., [Docket No. SSA–2017–0062] August 10, 2011; 76 FR 18383 extending
different paint), or the addition of ‘‘parts’’ or to August 9, 2013; 78 FR 45459
RIN 0960–AI26
‘‘components’’ available prior to 1950. extending to August 7, 2015; and 80 FR
b. Non-magnetic diesel engines with a Extension of Sunset Date for Attorney 31990 extending to August 4, 2017). As
power output of 50 hp or more and either of Advisor Program we noted above, the current sunset date
the following: for the program is February 5, 2018. 82
b.1. Non-magnetic content exceeding 25% AGENCY: Social Security Administration. FR 34400.
of total weight; or ACTION: Final rule.
b.2. Non-magnetic parts other than Explanation of Extension
crankcase, block, head, pistons, covers, end SUMMARY: We are extending for six We published the final rule to adopt
plates, valve facings, gaskets, and fuel, months our rule authorizing attorney without change the interim final rule
lubrication and other supply lines. advisors to conduct certain prehearing
c. through w. [RESERVED] that we published on August 9, 2007.
proceedings and to issue fully favorable We stated our intent to monitor the
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’
and ‘‘attachments’’ that are ‘‘specially
decisions. The current rule is scheduled program closely and to modify it if it
designed’’ for a commodity enumerated or to expire on February 5, 2018. In this did not meet our expectations. 73 FR
otherwise described in ECCN 8A609 (except final rule, we are extending the sunset 11349.
for 8A609.y) or a defense article enumerated date to August 3, 2018. We are making We explained in the 2008 final rule
or otherwise described in USML Category VI no other substantive changes. that the number of requests for hearings
and not specified elsewhere on the USML, in DATES: This final rule is effective had increased significantly in recent
8A609.y or 3A611.y. January 8, 2018. years. From 2008 to the present, the
Note 1: Forgings, castings, and other FOR FURTHER INFORMATION CONTACT: number of pending hearing requests has
unfinished products, such as extrusions and
Susan Swansiger, Office of Hearings continued to remain at a high level, and
machined bodies, that have reached a stage
in manufacturing where they are clearly Operations, Social Security we anticipate that we will receive
identifiable by mechanical properties, Administration, 5107 Leesburg Pike, several hundred thousand hearing
material composition, geometry, or function Falls Church, VA 22041, (703) 605– requests in fiscal year 2018.1 We are
as commodities controlled by ECCN 8A609.x 8500. For information on eligibility or extending the program at this time
are controlled by ECCN 8A609.x. filing for benefits, call our national toll- while we continue to consider our
Note 2: ‘‘Parts,’’ ‘‘components,’’ free number, 800–772–1213 or TTY options with respect to the program.
‘‘accessories’’ and ‘‘attachments’’ specified in 800–325–0778, or visit our internet site, To preserve the maximum degree of
USML subcategory VI(f) are subject to the Social Security Online, at http:// flexibility we need to manage our
controls of that paragraph. ‘‘Parts,’’ www.socialsecurity.gov. hearings-level workloads effectively, we
‘‘components,’’ ‘‘accessories,’’ and have decided to extend the attorney
SUPPLEMENTARY INFORMATION:
jstallworth on DSKBBY8HB2PROD with RULES
‘‘attachments’’ specified in ECCN 8A609.y advisor rule for six months until August
are subject to the controls of that paragraph. Background of the Attorney Advisor 3, 2018. As before, we reserve the
y. Specific ‘‘parts,’’ ‘‘components,’’ Program authority to end the program earlier, to
‘‘accessories’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control On August 9, 2007, we issued an 1 Our budget estimates indicate that we expect to
in this ECCN or for a defense article in USML interim final rule permitting some receive approximately 645,000 hearing requests in
Category VI and not elsewhere specified in attorney advisors to conduct certain fiscal year 2018 (available at: https://www.ssa.gov/
the USML, as follows, and ‘‘parts,’’ prehearing proceedings and issue fully budget/FY18Files/2018BO.pdf).
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![712 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations
extend it by publishing a final rule in and, therefore, does not require OMB Authority: Secs. 702(a)(5), 1631, and 1633
the Federal Register, or to discontinue approval under the Paperwork of the Social Security Act (42 U.S.C.
it altogether. Reduction Act. 902(a)(5), 1383, and 1383b); sec. 202, Pub. L.
108–203, 118 Stat. 509 (42 U.S.C. 902 note).
Regulatory Procedures (Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security— ■ 4. In § 416.1442, revise paragraph (g)
Justification for Issuing Final Rule Disability Insurance; 96.002, Social to read as follows:
Without Notice and Comment Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance; § 416.1442 Prehearing proceedings and
We follow the Administrative 96.006, Supplemental Security Income.) decisions by attorney advisors.
Procedure Act (APA) rulemaking
List of Subjects * * * * *
procedures specified in 5 U.S.C. 553
(g) Sunset provision. The provisions
when developing regulations. Section 20 CFR Part 404 of this section will no longer be effective
702(a)(5) of the Social Security Act, 42
Administrative practice and on August 3, 2018, unless we terminate
U.S.C. 902(a)(5). The APA provides
procedure, Blind, Disability benefits, them earlier or extend them beyond that
exceptions to its notice and public
Old-age, Survivors and Disability date by notice of a final rule in the
comment procedures when an agency
Insurance, Reporting and recordkeeping Federal Register.
finds there is good cause for dispensing
with such procedures because they are requirements, Social security. [FR Doc. 2018–00058 Filed 1–5–18; 8:45 am]
impracticable, unnecessary, or contrary 20 CFR Part 416 BILLING CODE 4191–02–P
to the public interest. We have
determined that good cause exists for Administrative practice and
dispensing with the notice and public procedure, Reporting and recordkeeping
ENVIRONMENTAL PROTECTION
comment procedures for this rule. 5 requirements, Supplemental Security
AGENCY
U.S.C. 553(b)(B). Good cause exists Income (SSI).
because this final rule only extends the Dated: December 28, 2017. 40 CFR Parts 122 and 123
expiration date of an existing rule. It Nancy A. Berryhill,
[EPA–HQ–OW–2016–0376; FRL–9972–51–
makes no substantive changes to the Acting Commissioner of Social Security. OW]
rule. The current regulations expressly For the reasons stated in the
provide that we may extend or RIN 2040–AF67
preamble, we are amending subpart J of
terminate this rule. Therefore, we have part 404 and subpart N of part 416 of
determined that opportunity for prior Public Notification Requirements for
Chapter III of title 20 of the Code of Combined Sewer Overflows to the
comment is unnecessary, and we are Federal Regulations as set forth below:
issuing this rule as a final rule. Great Lakes Basin
In addition, because we are not PART 404—FEDERAL OLD-AGE, AGENCY: Environmental Protection
making any substantive changes to the SURVIVORS AND DISABILITY Agency (EPA).
existing rule, we find that there is good INSURANCE (1950– ) ACTION: Final rule.
cause for dispensing with the 30-day
delay in the effective date of a Subpart J—[Amended] SUMMARY: The Environmental Protection
substantive rule provided by 5 U.S.C. Agency (EPA) is finalizing a rule to
553(d)(3). To ensure that we have ■ 1. The authority citation for subpart J
implement section 425 of the
uninterrupted authority to use attorney of part 404 continues to read as follows:
Consolidated Appropriations Act of
advisors to address the number of Authority: Secs. 201(j), 204(f), 205(a)–(b), 2016, which requires EPA to work with
pending cases at the hearing level, we (d)–(h), and (j), 221, 223(i), 225, and 702(a)(5) the Great Lakes States to establish
find that it is in the public interest to of the Social Security Act (42 U.S.C. 401(j),
404(f), 405(a)–(b), (d)–(h), and (j), 421, 423(i),
public notification requirements for
make this final rule effective on the date combined sewer overflow (CSO)
of publication. 425, and 902(a)(5)); sec. 5, Pub. L. 97–455, 96
Stat. 2500 (42 U.S.C. 405 note); secs. 5, 6(c)– discharges to the Great Lakes. The
Executive Order 12866 as (e), and 15, Pub. L. 98–460, 98 Stat. 1802 (42 requirements address signage,
Supplemented by Executive Order U.S.C. 421 note); sec. 202, Pub. L. 108–203, notification of local public health
13563 118 Stat. 509 (42 U.S.C. 902 note). departments and other potentially
We consulted with the Office of ■ 2. In § 404.942, revise paragraph (g) to affected public entities, notification to
Management and Budget (OMB) and read as follows: the public, and annual notice. The rule
although we do not believe that this will includes a two-stage approach with
§ 404.942 Prehearing proceedings and requirements that apply directly to
be a significant regulatory action under decisions by attorney advisors.
Executive Order (E.O.) 12866, as existing National Pollutant Discharge
* * * * * Elimination System (NPDES) permittees
supplemented by E.O. 13563, OMB has (g) Sunset provision. The provisions
reviewed this final rule. authorized to discharge from a CSO to
of this section will no longer be effective the Great Lakes Basin, beginning on
Regulatory Flexibility Act on August 3, 2018, unless we terminate August 7, 2018 and a requirement that
them earlier or extend them beyond that the public notification provisions be
We certify that this final rule will not
date by notice of a final rule in the incorporated into NPDES permits when
have a significant economic impact on
Federal Register. these permits are issued or reissued
a substantial number of small entities
because it affects individuals only. after February 7, 2018, unless the permit
PART 416—SUPPLEMENTAL
jstallworth on DSKBBY8HB2PROD with RULES
Therefore, the Regulatory Flexibility has been proposed prior to February 7,
SECURITY INCOME FOR THE AGED,
Act, as amended, does not require us to 2018 in which case the requirements
BLIND, AND DISABLED
prepare a regulatory flexibility analysis. would be incorporated into the next
Subpart N—[Amended] permit renewal. This rule protects
Paperwork Reduction Act public health by ensuring timely
This final rule does not create any ■ 3. The authority citation for subpart N notification to the public and to public
new or affect any existing collections continues to read as follows: health departments, public drinking
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Document Created: 2018-01-06 02:32:14
Document Modified: 2018-01-06 02:32:14
| 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 January 8, 2018. | |
| 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. | |
| FR Citation | 83 FR 711 | |
| RIN Number | 0960-AI26 | |
| 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 Supplemental Security Income (ssi) |
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