Extension of Sunset Date for Attorney Advisor Program, 45459-45460 [2013-18145]

Download as PDF Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Rules and Regulations Section 110(a)(1) and (2). The following element is approved for the 2006 PM2.5 NAAQS: (D)(i)(I). [FR Doc. 2013–18038 Filed 7–26–13; 8:45 am] BILLING CODE 6560–50–P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA–2013–0006] RIN 0960–AH56 Extension of Sunset Date for Attorney Advisor Program Social Security Administration. ACTION: Final rule. AGENCY: We are extending for 2 years our rule authorizing attorney advisors to conduct certain prehearing procedures and to issue fully favorable decisions. The current rule will expire on August 9, 2013. In this final rule, we are extending the sunset date to August 7, 2015. We are making no other substantive changes. DATES: This final rule is effective July 29, 2013. FOR FURTHER INFORMATION CONTACT: Susan Swansiger, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041–3260, 703– 605–8500 for information about this final rule. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772–1213 or TTY 1–800–325–0778, or visit our Internet site, Social Security Online, at http://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: Background of the Attorney Advisor Program On August 9, 2007, we issued an interim final rule permitting some attorney advisors to conduct certain prehearing procedures and issue decisions that are fully favorable when the documentary record warrants. 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 the rule without change as a final rule. 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 only a temporary modification to our procedures. Therefore, we included in sections VerDate Mar<15>2010 17:02 Jul 26, 2013 Jkt 229001 45459 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. On July 13, 2009, we published a final rule that extended the sunset date of the program until August 10, 2011. 74 FR 33327. We then published another extension on April 4, 2011, which extended the sunset date of the program until August 9, 2013. 76 FR 18383. unnecessary, and we are issuing this rule as a final rule. Explanation of Extension 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. When we published the final rules reinstating the attorney advisor program in 2008, we discussed a variety of concerns about the program and we stated our intent to closely monitor it and to make changes to the program if it did not meet our expectations. 73 FR 11349, 11350, 11351, and 11352. As we explained in the final rule in 2008, the number of requests for hearings has increased significantly in recent years, and based on this trend, we anticipate that higher levels of request for hearings will continue. The attorney advisor program has proven to be an invaluable tool in our efforts to reduce the backlog of pending hearing requests. Accordingly, we have decided to extend the attorney advisor rule for another 2 years, until August 7, 2015. As before, we are reserving the authority to end the program earlier or to extend it by publishing a final rule in the Federal Register. Regulatory Procedures Justification for Issuing Final Rule Without Notice and Comment We follow the Administrative Procedure Act (APA) rulemaking procedures specified in 5 U.S.C. 553 when developing regulations. Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). The APA provides exceptions to its notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures because they are impracticable, unnecessary, or contrary to the public interest. We have determined that good cause exists for dispensing with the notice and public comment procedures for this rule. 5 U.S.C. 553(b)(B). Good cause exists because this final rule only extends the sunset date of an existing rule. It makes no substantive changes to the rule. The current regulations expressly provide that we may extend or terminate this rule. Therefore, we have determined that opportunity for prior comment is PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Executive Order 12866 as Supplemented by Executive Order 13563 We consulted with the Office of Management and Budget (OMB) and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. Regulatory Flexibility Act 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: July 22, 2013. Carolyn W. Colvin, Acting Commissioner of Social Security. For the reasons stated in the preamble, we are revising subpart J of part 404 and subpart N of part 416 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]. 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) E:\FR\FM\29JYR1.SGM 29JYR1 45460 Federal Register / Vol. 78, No. 145 / Monday, July 29, 2013 / Rules and Regulations 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). 2. In § 404.942, revise paragraph (g) to read as follows: ■ § 404.942 Prehearing proceedings and decisions by attorney advisors. * * * * * (g) Sunset provision. The provisions of this section will no longer be effective on August 7, 2015, 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]. 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). 4. In § 416.1442, revise paragraph (g) to read as follows: ■ § 416.1442 Prehearing proceedings and decisions by attorney advisors. * * * * * (g) Sunset provision. The provisions of this section will no longer be effective on August 7, 2015, unless we terminate them earlier or extend them beyond that date by notice of a final rule in the Federal Register. [FR Doc. 2013–18145 Filed 7–26–13; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2013–0002; Internal Agency Docket No. FEMA–8291] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. mstockstill on DSK4VPTVN1PROD with RULES AGENCY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed SUMMARY: VerDate Mar<15>2010 16:11 Jul 26, 2013 Jkt 229001 within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA’s Community Status Book (CSB). The CSB is available at http:// www.fema.gov/fema/csb.shtm. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA’s initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. E:\FR\FM\29JYR1.SGM 29JYR1

Agencies

[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Rules and Regulations]
[Pages 45459-45460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18145]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2013-0006]
RIN 0960-AH56


Extension of Sunset Date for Attorney Advisor Program

AGENCY: Social Security Administration.

ACTION: Final rule.

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

SUMMARY: We are extending for 2 years our rule authorizing attorney 
advisors to conduct certain prehearing procedures and to issue fully 
favorable decisions. The current rule will expire on August 9, 2013. In 
this final rule, we are extending the sunset date to August 7, 2015. We 
are making no other substantive changes.

DATES: This final rule is effective July 29, 2013.

FOR FURTHER INFORMATION CONTACT: Susan Swansiger, Social Security 
Administration, 5107 Leesburg Pike, Falls Church, VA 22041-3260, 703-
605-8500 for information about this final rule. For information on 
eligibility or filing for benefits, call our national toll-free number, 
1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet site, 
Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

Background of the Attorney Advisor Program

    On August 9, 2007, we issued an interim final rule permitting some 
attorney advisors to conduct certain prehearing procedures and issue 
decisions that are fully favorable when the documentary record 
warrants. 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 the rule 
without change as a final rule. 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 only 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. On July 
13, 2009, we published a final rule that extended the sunset date of 
the program until August 10, 2011. 74 FR 33327. We then published 
another extension on April 4, 2011, which extended the sunset date of 
the program until August 9, 2013. 76 FR 18383.

Explanation of Extension

    When we published the final rules reinstating the attorney advisor 
program in 2008, we discussed a variety of concerns about the program 
and we stated our intent to closely monitor it and to make changes to 
the program if it did not meet our expectations. 73 FR 11349, 11350, 
11351, and 11352.
    As we explained in the final rule in 2008, the number of requests 
for hearings has increased significantly in recent years, and based on 
this trend, we anticipate that higher levels of request for hearings 
will continue. The attorney advisor program has proven to be an 
invaluable tool in our efforts to reduce the backlog of pending hearing 
requests.
    Accordingly, we have decided to extend the attorney advisor rule 
for another 2 years, until August 7, 2015. As before, we are reserving 
the authority to end the program earlier or to extend it by publishing 
a final rule in the Federal Register.

Regulatory Procedures

Justification for Issuing Final Rule Without Notice and Comment

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 when developing regulations. 
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). The 
APA provides exceptions to its notice and public comment procedures 
when an agency finds there is good cause for dispensing with such 
procedures because they are impracticable, unnecessary, or contrary to 
the public interest. We have determined that good cause exists for 
dispensing with the notice and public comment procedures for this rule. 
5 U.S.C. 553(b)(B). Good cause exists because this final rule only 
extends the sunset date of an existing rule. It makes no substantive 
changes to the rule. The current regulations expressly provide that we 
may extend or terminate this rule. Therefore, we have determined that 
opportunity for prior comment is unnecessary, and we are issuing this 
rule as a final rule.

Executive Order 12866 as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563.

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: July 22, 2013.
Carolyn W. Colvin,
Acting Commissioner of Social Security.

    For the reasons stated in the preamble, we are revising subpart J 
of part 404 and subpart N of part 416 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)

[[Page 45460]]

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 7, 2015, 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 7, 2015, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

[FR Doc. 2013-18145 Filed 7-26-13; 8:45 am]
BILLING CODE 4191-02-P