Electronic Substitutions for Form SSA-538, 41685-41687 [2011-17859]

Download as PDF Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations (i) A contract of sale of a commodity for future delivery or an option on such a contract; (ii) An option, other than an option executed or traded on a national securities exchange registered pursuant to section 6(a) of the Act (15 U.S.C. 78(f)(a)); or (iii) Offered, or entered into, on a VIII. Statutory Basis and Text of leveraged or margined basis, or financed Amendments by a broker or dealer or any person The Commission is adopting acting in concert with the broker or Exchange Act Rule 15b12–1T pursuant dealer on a similar basis, other than: (A) A security that is not a security to section 2(c)(2) of the Commodity Exchange Act, as well as pursuant to the futures product as defined in section 1a(47) of the Commodity Exchange Act Exchange Act, as amended. (7 U.S.C. 1a(47)); or List of Subjects in 17 CFR Part 240 (B) A contract of sale that: (1) Results in actual delivery within Brokers, Consumer protection, two days; or Currency, Reporting and recordkeeping (2) Creates an enforceable obligation requirements. to deliver between a seller and buyer In accordance with the foregoing, the Securities and Exchange Commission is that have the ability to deliver and accept delivery, respectively, in amending Title 17, chapter II of the connection with their line of business. Code of Federal Regulations as follows: (b) Any registered broker or dealer may engage in a retail forex business PART 240—GENERAL RULES AND provided that such broker or dealer REGULATIONS, SECURITIES complies with the Act, the rules and EXCHANGE ACT OF 1934 regulations thereunder, and the rules of ■ 1. The general authority citation for the self-regulatory organization(s) of part 240 is revised to read as follows: which the broker or dealer is a member, including, but not limited to, the Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn, disclosure, recordkeeping, capital and 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i, 78j, margin, reporting, business conduct, 78j–1, 78k, 78k–1, 78l, 78m, 78n, 78n–1, 78o, and documentation requirements, 78o–4, 78p, 78q, 78s, 78u–5, 78w, 78x, 78ll, insofar as they are applicable to retail 78mm, 80a–20, 80a–23, 80a–29, 80a–37, 80b– 3, 80b–4, 80b–11, and 7201 et. seq.; 18 U.S.C. forex transactions. (c) Any registered broker or dealer 1350; 12 U.S.C. 5221(e)(3); and 7 U.S.C. that is engaged in a retail forex business 2(c)(2)(E), unless otherwise noted. in compliance with paragraph (b) of this * * * * * section on or after the effective date of ■ 2. Add § 240.15b12–1T to read as this section shall be deemed, until the follows: date specified in paragraph (d) of this section, to be acting pursuant to a rule § 240.15b12–1T Brokers or dealers engaged in a retail forex business. or regulation described in section 2(c)(2)(E)(ii)(I) of the Commodity (a) Definitions. In addition to the definitions in this section, the following Exchange Act (7 U.S.C. 2(c)(2)(E)(ii)(I)). (d) This section will expire and no terms have the same meaning as in the longer be effective on July 16, 2012. Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.): ‘‘broker,’’ ‘‘dealer,’’ By the Commission. ‘‘person,’’ ‘‘registered broker or dealer,’’ Dated: July 13, 2011. and ‘‘self-regulatory organization.’’ Cathy H. Ahn, (1) Act means the Securities Exchange Deputy Secretary. Act of 1934 (15 U.S.C. 78a et seq.). [FR Doc. 2011–18009 Filed 7–13–11; 4:15 pm] (2) Retail forex business means BILLING CODE 8011–01–P engaging in one or more retail forex transactions with the intent to derive income from those transactions, either SOCIAL SECURITY ADMINISTRATION directly or indirectly. (3) Retail forex transaction means any 20 CFR Part 416 account, agreement, contract or transaction in foreign currency that is [Docket No. SSA–2009–0027] offered or entered into by a broker or RIN 0960–AH02 dealer with a person that is not an eligible contract participant as defined Electronic Substitutions for Form in section 1a(18) of the Commodity SSA–538 Exchange Act (7 U.S.C. 1a(18)) and that is: AGENCY: Social Security Administration. mstockstill on DSK4VPTVN1PROD with RULES interim final temporary rule should not have a significant economic impact on a substantial number of small entities. The Commission requests comment on its conclusion that Rule 15b12–1T should not have a significant economic impact on a substantial number of small entities. VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 41685 Final rule with request for comments. ACTION: We are revising our regulations to reflect our use of electronic case processing at the initial and reconsideration levels of our administrative review process. Our prior rule required adjudicators at these levels to complete a Form SSA–538, Childhood Disability Evaluation Form, in all cases of children alleging disability or continuing disability under title XVI of the Social Security Act (Act). However, we developed and now use a Web-based tool that assists our adjudicators in making disability determinations in several States, and we plan to expand its use to other States. We are revising our regulation to reflect the new tool. We are not changing the requirement that State agency medical and psychological consultants must affirm the accuracy and completeness of their findings of fact and discussion of the supporting evidence, only the manner in which they may provide the required findings and affirmation. We expect that this revision will improve our efficiency by increasing our use of electronic resources. DATES: These rules are effective on July 15, 2011. Comment Date: To ensure that your comments are considered, we must receive them no later than September 13, 2011. ADDRESSES: You may submit comments by any one of three methods—Internet, fax, mail. Do not submit the same comments multiple times or by more than one method. Regardless of which method you choose, please state that your comments refer to Docket No. SSA–2009–0027 so that we may associate your comments with the correct regulation. Caution: You should be careful to include in your comments only information that you wish to make publicly available. We strongly urge you not to include in your comments any personal information, such as Social Security numbers or medical information. • Internet: We strongly recommend that you submit your comments via the Internet. Please visit the Federal eRulemaking portal at https:// www.regulations.gov. Use the Search function to find docket number SSA– 2009–0027. The system will issue a tracking number to confirm your submission. You will not be able to view your comment immediately because we must post each comment manually. It may take up to a week for your comment to be viewable. • Fax: Fax comments to (410) 966– 2830. SUMMARY: E:\FR\FM\15JYR1.SGM 15JYR1 41686 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations • Mail: Address your comments to the Office of Regulations, Social Security Administration, 107 Altmeyer Building, 6401 Security Boulevard, Baltimore, Maryland 21235–6401. Comments are available for public viewing on the Federal eRulemaking portal at https://www.regulations.gov or in person, during regular business hours, by arranging with the contact person identified below. FOR FURTHER INFORMATION CONTACT: Cheryl Williams, Office of Medical Listings Improvement, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235– 6401, (410) 965–1020. For information on eligibility or filing for benefits, call our national toll-free number, 1–800– 772–1213, or TTY 1–800–325–0778, or visit our Internet site, Social Security Online, at https:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES What revision are we making? We are revising paragraph (g) in § 416.924 of our regulations. This paragraph explains how adjudicators at each level of our administrative review process must explain their findings about whether a child is disabled or continues to be disabled under the Supplemental Security Income (SSI) program. As currently drafted, that paragraph requires us to complete a standard Form SSA–538, Childhood Disability Evaluation Form, when we make an initial or reconsideration determination. The form outlines the steps of the sequential evaluation process for children under SSI, and we use it to explain our findings. We are removing the requirement that we complete a specific form, the SSA– 538. Instead, we are revising § 416.924(g) to provide that adjudicators at the initial and reconsideration levels will indicate their findings ‘‘in writing in a manner that we prescribe.’’ Why are we making this revision? We are making this revision because we process some of our cases electronically, and we plan eventually to process all of our cases electronically. The State agencies that are already processing cases electronically use a web-based tool we developed to indicate their findings. The web-based tool does not include an exact copy of our paper Form SSA–538,1 although it includes all of the major elements of the 1 In some cases, adjudicators still complete the paper Form SSA–538 and include a scanned copy of the form in the electronic case record. We plan eventually to end this practice and to use only the electronic tool. VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 SSA–538 at appropriate points as the program leads adjudicators (including State agency medical and psychological consultants) through the decisionmaking process in SSI childhood cases. Both the SSA–538 and the web-based tool include choices of possible case dispositions and space in which to explain the disposition. When a functional assessment is required, both the SSA–538 and the web-based tool provide: (1) Space for explaining the assessment of the child’s limitation in each of the six functional domains (§ 416.926a(b)(1)); (2) choices for indicating the severity of the limitation of any affected domains; and (3) selections for whether a child’s impairment or combination of impairments functionally equals the listings. They also require the State agency medical or psychological consultant with overall responsibility for the findings to affirm that: • He or she considered essential policy factors and evidence,2 and • The determination is accurate and complete. The tool also requires affirmations from any other medical or psychological consultant(s) who provided input for the findings. Since we do not yet use electronic programs to process cases in all State agencies, we are not eliminating the Form SSA–538, only removing reference to it from § 416.924(g). We are revising the paragraph only to provide us with the flexibility we need to use electronic programs in making disability determinations for children under SSI. Regulatory Procedures We follow the Administrative Procedure Act (APA) rulemaking procedures specified in 5 U.S.C. 553 when we develop regulations. Social Security Act, section 702(a)(5). The APA provides exceptions to its notice and public comment procedures when an agency finds that 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) for dispensing with notice and public comment procedures because notice and public comment are unnecessary. As we indicated above, the only change we are making in these rules is to remove our requirement to use a specific paper form, which will allow State agency adjudicators to show, explain, and affirm their findings in other ways. We 2 We list the same factors in the web-based tool that we list on form SSA–538. PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 are not making any substantive changes to the information they must provide or to our signature requirements. As we explained in more detail earlier in this preamble, the web-based tool includes all of the essential elements of the SSA– 538; it simply does not include an electronic version of a ‘‘Form SSA–538’’ or contain web pages that look exactly like the paper form. For the same reason, we also find good cause for dispensing with the 30day delay in the effective date of a final rule under 5 U.S.C. 553(d). The change represents merely another option for recording and affirming our findings and does not change the substance of what we require adjudicators to record. Therefore, we find that it is unnecessary to delay the effective date of these rules. 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 criteria for a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. Therefore, OMB reviewed it. Regulatory Flexibility Act We certify that this final rule does not have a significant economic impact on a substantial number of small entities because it affects only persons or States. Thus, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act This rule does not create any new or affect any existing collections and, therefore, does not require Office of Management and Budget approval under the Paperwork Reduction Act. (Catalog of Federal Domestic Program No. 96.006, Supplemental Security Income.) List of Subjects in 20 CFR Part 416 Administrative practice and procedure, Aged, blind, disability benefits, Public assistance programs, Reporting and recordkeeping requirements, Supplemental security income (SSI). Michael J. Astrue, Commissioner of Social Security. For the reasons set out in the preamble, we amend title 20 of the Code of Federal Regulations, chapter III, part 416, subpart I as follows: E:\FR\FM\15JYR1.SGM 15JYR1 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Subpart I—[Amended] 21 CFR Part 172 1. The authority citation for subpart I of part 416 continues to read as follows: ■ Authority: Secs. 221(m), 702(a) (5), 1611, 1614, 1619, 1631(a), (c), (d)(1), and (p), and 1633 of the Social Security Act (42 U.S.C. 421(m), 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), (d)(1), and (p), and 1383b); secs. 4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98– 460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 note, and 1382h note). 2. Amend § 416.924 by revising paragraph (g) to read as follows: How we determine disability for * * * * * (g) How we will explain our findings. When we make a determination or decision whether you are disabled under this section or whether your disability continues under § 416.994a, we will indicate our findings at each step of the sequential evaluation process as we explain in this paragraph. At the initial and reconsideration levels of the administrative review process, State agency medical and psychological consultants will indicate their findings in writing in a manner that we prescribe. The State agency medical or psychological consultant (see § 416.1016) or other designee of the Commissioner has overall responsibility for completing the prescribed writing and must sign the prescribed writing to attest that it is complete, including the findings of fact and any discussion of supporting evidence. Disability hearing officers, administrative law judges and the administrative appeals judges on the Appeals Council (when the Appeals Council makes a decision) will indicate their findings at each step of the sequential evaluation process in their determinations or decisions. In claims adjudicated under the procedures in part 405 of this chapter, administrative law judges will also indicate their findings at each step of the sequential evaluation process in their decisions. [FR Doc. 2011–17859 Filed 7–14–11; 8:45 am] mstockstill on DSK4VPTVN1PROD with RULES BILLING CODE 4191–02–P VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 Food Additives Permitted for Direct Addition to Food for Human Consumption; Hydroxypropyl Cellulose AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. Electronic Submissions Submit electronic objections in the following way: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Written Submissions Submit written objections in the following ways: • Fax: 301–827–6870. • Mail/Hand delivery/Courier (for paper, disk, or CD–ROM submissions): Division of Dockets Management (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Instructions: All submissions received must include the Agency name and Docket No. FDA–2010–F–0103 for this rulemaking. All objections received will be posted without change to https:// www.regulations.gov, including any personal information provided. For detailed instructions on submitting objections, see the ‘‘Objections’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or objections received, go to https:// PO 00000 Frm 00099 Fmt 4700 www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Laura Dye, Center for Food Safety and Applied Nutrition (HFS–265), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740–3835, 240–402–1275. SUPPLEMENTARY INFORMATION: I. Background The Food and Drug Administration (FDA) is amending the food additive regulations for hydroxypropyl cellulose by lowering the minimum permitted viscosity from 145 centipoises (cPs) to 10 cPs and to permit its use as a binder in dietary supplements. This action is in response to a petition filed by Nisso America, Inc. DATES: This rule is effective July 15, 2011. Submit either electronic or written objections and requests for a hearing by August 15, 2011. See section VII of this document for information on the filing of objections. ADDRESSES: You may submit either electronic or written objections and requests for a hearing, identified by Docket No. FDA–2010–F–0103, by any of the following methods: SUMMARY: ■ § 416.924 children. [Docket No. FDA–2010–F–0103] 41687 Sfmt 4700 In a notice published in the Federal Register of April 8, 2010 (75 FR 17928), FDA announced that Nisso America Inc., 45 Broadway, Suite 2120, New York, NY 10006, filed a food additive petition (FAP 0A4780). The petition proposed to amend the food additive regulations in § 172.870 (21 CFR 172.870), by lowering the minimum permitted viscosity of hydroxypropyl cellulose (HPC) identified in § 172.870(a)(1) from 145 cPs to 10 cPs and to permit its use as a binder in dietary supplements. Section 172.870 includes both highsubstituted HPC, which contains not more than 4.6 hydroxypropyl groups per anhydroglucose unit (§ 172.870(a)(1)), and low-substituted HPC, which contains on average 0.1 to 0.4 hydroxypropyl groups per anhydroglucose unit (§ 172.870(a)(2)). High-substituted HPC can be used, in accordance with good manufacturing practice, as an emulsifier, film former, protective colloid, stabilizer, suspending agent and thickener (§ 172.870(b)(1)). Low-substituted HPC can be used, in accordance with good manufacturing practice, as a binder and disintegrator in tablets or wafers containing dietary supplements (§ 172.870(b)(2)). It is the highsubstituted HPC regulated under § 172.870(a)(1) and (b)(1) that is the subject of this petition. II. Evaluation of Safety Under the general safety standard in section 409 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 348), a food additive cannot be approved for a particular use unless a fair evaluation of the data available to FDA establishes that the additive is safe for that use. FDA’s food additive regulations (21 CFR 170.3(i)) define safe as ‘‘a reasonable certainty in the minds of competent scientists that the substance is not harmful under the intended conditions of use.’’ To establish with reasonable certainty that E:\FR\FM\15JYR1.SGM 15JYR1

Agencies

Social Security Administration

[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41685-41687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17859]


=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

[Docket No. SSA-2009-0027]
RIN 0960-AH02


Electronic Substitutions for Form SSA-538

AGENCY: Social Security Administration.

ACTION: Final rule with request for comments.

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

SUMMARY: We are revising our regulations to reflect our use of 
electronic case processing at the initial and reconsideration levels of 
our administrative review process. Our prior rule required adjudicators 
at these levels to complete a Form SSA-538, Childhood Disability 
Evaluation Form, in all cases of children alleging disability or 
continuing disability under title XVI of the Social Security Act (Act). 
However, we developed and now use a Web-based tool that assists our 
adjudicators in making disability determinations in several States, and 
we plan to expand its use to other States. We are revising our 
regulation to reflect the new tool. We are not changing the requirement 
that State agency medical and psychological consultants must affirm the 
accuracy and completeness of their findings of fact and discussion of 
the supporting evidence, only the manner in which they may provide the 
required findings and affirmation. We expect that this revision will 
improve our efficiency by increasing our use of electronic resources.

DATES: These rules are effective on July 15, 2011. Comment Date: To 
ensure that your comments are considered, we must receive them no later 
than September 13, 2011.

ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, mail. Do not submit the same comments multiple times or 
by more than one method. Regardless of which method you choose, please 
state that your comments refer to Docket No. SSA-2009-0027 so that we 
may associate your comments with the correct regulation.
    Caution: You should be careful to include in your comments only 
information that you wish to make publicly available. We strongly urge 
you not to include in your comments any personal information, such as 
Social Security numbers or medical information.
     Internet: We strongly recommend that you submit your 
comments via the Internet. Please visit the Federal eRulemaking portal 
at https://www.regulations.gov. Use the Search function to find docket 
number SSA-2009-0027. The system will issue a tracking number to 
confirm your submission. You will not be able to view your comment 
immediately because we must post each comment manually. It may take up 
to a week for your comment to be viewable.
     Fax: Fax comments to (410) 966-2830.

[[Page 41686]]

     Mail: Address your comments to the Office of Regulations, 
Social Security Administration, 107 Altmeyer Building, 6401 Security 
Boulevard, Baltimore, Maryland 21235-6401.
    Comments are available for public viewing on the Federal 
eRulemaking portal at https://www.regulations.gov or in person, during 
regular business hours, by arranging with the contact person identified 
below.

FOR FURTHER INFORMATION CONTACT: Cheryl Williams, Office of Medical 
Listings Improvement, Social Security Administration, 6401 Security 
Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1020. For 
information on eligibility or filing for benefits, call our national 
toll-free number, 1-800-772-1213, or TTY 1-800-325-0778, or visit our 
Internet site, Social Security Online, at https://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

What revision are we making?

    We are revising paragraph (g) in Sec.  416.924 of our regulations. 
This paragraph explains how adjudicators at each level of our 
administrative review process must explain their findings about whether 
a child is disabled or continues to be disabled under the Supplemental 
Security Income (SSI) program. As currently drafted, that paragraph 
requires us to complete a standard Form SSA-538, Childhood Disability 
Evaluation Form, when we make an initial or reconsideration 
determination. The form outlines the steps of the sequential evaluation 
process for children under SSI, and we use it to explain our findings.
    We are removing the requirement that we complete a specific form, 
the SSA-538. Instead, we are revising Sec.  416.924(g) to provide that 
adjudicators at the initial and reconsideration levels will indicate 
their findings ``in writing in a manner that we prescribe.''

Why are we making this revision?

    We are making this revision because we process some of our cases 
electronically, and we plan eventually to process all of our cases 
electronically. The State agencies that are already processing cases 
electronically use a web-based tool we developed to indicate their 
findings. The web-based tool does not include an exact copy of our 
paper Form SSA-538,\1\ although it includes all of the major elements 
of the SSA-538 at appropriate points as the program leads adjudicators 
(including State agency medical and psychological consultants) through 
the decisionmaking process in SSI childhood cases. Both the SSA-538 and 
the web-based tool include choices of possible case dispositions and 
space in which to explain the disposition. When a functional assessment 
is required, both the SSA-538 and the web-based tool provide: (1) Space 
for explaining the assessment of the child's limitation in each of the 
six functional domains (Sec.  416.926a(b)(1)); (2) choices for 
indicating the severity of the limitation of any affected domains; and 
(3) selections for whether a child's impairment or combination of 
impairments functionally equals the listings. They also require the 
State agency medical or psychological consultant with overall 
responsibility for the findings to affirm that:
---------------------------------------------------------------------------

    \1\ In some cases, adjudicators still complete the paper Form 
SSA-538 and include a scanned copy of the form in the electronic 
case record. We plan eventually to end this practice and to use only 
the electronic tool.
---------------------------------------------------------------------------

     He or she considered essential policy factors and 
evidence,\2\ and
---------------------------------------------------------------------------

    \2\ We list the same factors in the web-based tool that we list 
on form SSA-538.
---------------------------------------------------------------------------

     The determination is accurate and complete.

    The tool also requires affirmations from any other medical or 
psychological consultant(s) who provided input for the findings.
    Since we do not yet use electronic programs to process cases in all 
State agencies, we are not eliminating the Form SSA-538, only removing 
reference to it from Sec.  416.924(g). We are revising the paragraph 
only to provide us with the flexibility we need to use electronic 
programs in making disability determinations for children under SSI.

Regulatory Procedures

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 when we develop regulations. 
Social Security Act, section 702(a)(5). The APA provides exceptions to 
its notice and public comment procedures when an agency finds that 
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) for 
dispensing with notice and public comment procedures because notice and 
public comment are unnecessary. As we indicated above, the only change 
we are making in these rules is to remove our requirement to use a 
specific paper form, which will allow State agency adjudicators to 
show, explain, and affirm their findings in other ways. We are not 
making any substantive changes to the information they must provide or 
to our signature requirements. As we explained in more detail earlier 
in this preamble, the web-based tool includes all of the essential 
elements of the SSA-538; it simply does not include an electronic 
version of a ``Form SSA-538'' or contain web pages that look exactly 
like the paper form.
    For the same reason, we also find good cause for dispensing with 
the 30-day delay in the effective date of a final rule under 5 U.S.C. 
553(d). The change represents merely another option for recording and 
affirming our findings and does not change the substance of what we 
require adjudicators to record. Therefore, we find that it is 
unnecessary to delay the effective date of these rules.

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 criteria for a significant 
regulatory action under Executive Order 12866, as supplemented by 
Executive Order 13563. Therefore, OMB reviewed it.

Regulatory Flexibility Act

    We certify that this final rule does not have a significant 
economic impact on a substantial number of small entities because it 
affects only persons or States. Thus, a regulatory flexibility analysis 
as provided in the Regulatory Flexibility Act, as amended, is not 
required.

Paperwork Reduction Act

    This rule does not create any new or affect any existing 
collections and, therefore, does not require Office of Management and 
Budget approval under the Paperwork Reduction Act.

(Catalog of Federal Domestic Program No. 96.006, Supplemental 
Security Income.)

List of Subjects in 20 CFR Part 416

    Administrative practice and procedure, Aged, blind, disability 
benefits, Public assistance programs, Reporting and recordkeeping 
requirements, Supplemental security income (SSI).

Michael J. Astrue,
Commissioner of Social Security.

    For the reasons set out in the preamble, we amend title 20 of the 
Code of Federal Regulations, chapter III, part 416, subpart I as 
follows:

[[Page 41687]]

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND 
DISABLED

Subpart I--[Amended]

0
1. The authority citation for subpart I of part 416 continues to read 
as follows:

    Authority: Secs. 221(m), 702(a) (5), 1611, 1614, 1619, 1631(a), 
(c), (d)(1), and (p), and 1633 of the Social Security Act (42 U.S.C. 
421(m), 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), (d)(1), and 
(p), and 1383b); secs. 4(c) and 5, 6(c)-(e), 14(a), and 15, Pub. L. 
98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 
note, and 1382h note).

0
2. Amend Sec.  416.924 by revising paragraph (g) to read as follows:


Sec.  416.924  How we determine disability for children.

* * * * *
    (g) How we will explain our findings. When we make a determination 
or decision whether you are disabled under this section or whether your 
disability continues under Sec.  416.994a, we will indicate our 
findings at each step of the sequential evaluation process as we 
explain in this paragraph. At the initial and reconsideration levels of 
the administrative review process, State agency medical and 
psychological consultants will indicate their findings in writing in a 
manner that we prescribe. The State agency medical or psychological 
consultant (see Sec.  416.1016) or other designee of the Commissioner 
has overall responsibility for completing the prescribed writing and 
must sign the prescribed writing to attest that it is complete, 
including the findings of fact and any discussion of supporting 
evidence. Disability hearing officers, administrative law judges and 
the administrative appeals judges on the Appeals Council (when the 
Appeals Council makes a decision) will indicate their findings at each 
step of the sequential evaluation process in their determinations or 
decisions. In claims adjudicated under the procedures in part 405 of 
this chapter, administrative law judges will also indicate their 
findings at each step of the sequential evaluation process in their 
decisions.

[FR Doc. 2011-17859 Filed 7-14-11; 8:45 am]
BILLING CODE 4191-02-P

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