Extension of Effective Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law Judge, 37970-37971 [2015-16397]

Download as PDF Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations according to section 4.2.2.2.2 of this appendix. * * * * * [FR Doc. 2015–15886 Filed 7–1–15; 8:45 am] BILLING CODE 6450–01–P IECA= ECC + (ECTSO × Ke) Where: ECC = energy consumption for cooking as determined in section 4.2.2.2.1 of this appendix. ECTSO = conventional cooking top combined low-power mode energy consumption = [(PIA × SIA) + (POM × SOM)] × K, Where: PIA = conventional cooking top inactive mode power, in watts, as measured in section 3.1.2.1.1 of this appendix. POM = conventional cooking top off mode power, in watts, as measured in section 3.1.2.1.2 of this appendix. If the conventional cooking top has both inactive mode and off mode annual hours, SIA and SOM both equal 4273.4; If the conventional cooking top has an inactive mode but no off mode, the inactive mode annual hours, SIA, is equal to 8546.9, and the off mode annual hours, SOM, is equal to 0; If the conventional cooking top has an off mode but no inactive mode, SIA is equal to 0, and SOM is equal to 8546.9; K = 0.001 kWh/Wh conversion factor for watt-hours to kilowatt-hours. Ke = 3.412 kBtu/kWh (3,600 kJ/kWh), conversion factor for kilowatt-hours to kBtus. * * * * * 4.2.3.2 Conventional cooking top integrated energy factor. Calculate the integrated energy factor or ratio of useful cooking energy output for cooking to the total integrated energy input, IRCT, as follows: For electric cooking tops, asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER Where: OCT = 173.1 kWh (623,160 kJ) per year, annual useful cooking energy output of cooking top. IECA = total annual integrated energy consumption of cooking top determined according to section 4.2.2.1.2 of this appendix. For gas cooking tops, Where: OCT = 527.6 kBtu (556,618 kJ) per year, annual useful cooking energy output of cooking top. IECA = total integrated annual energy consumption of cooking top determined VerDate Sep<11>2014 23:22 Jul 01, 2015 Jkt 235001 SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA–2015–0010] RIN 0960–AH75 Extension of Effective Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law Judge Social Security Administration. Final rule. AGENCY: ACTION: number of hearing requests, we must maintain programs and policies that can provide us with the flexibility we need to improve the efficiency of our hearing process. When we published a final rule on July 8, 2010 authorizing the agency to set the time and place for a hearing before an ALJ, we explained that we would implement our authority as a temporary pilot program. (75 FR 39154). Therefore, we included in sections 404.936(h) and 416.1436(h) of the final rule a provision that the pilot program would end on August 9, 2013, unless we decided to either terminate the program earlier, or extend it beyond that date by publication of a final rule in the Federal Register. Most recently, on July 18, 2014, we extended the deadline until August 10, 2015. (79 FR 41881). We are extending for one year our pilot program that authorizes the agency to set the time and place for a hearing before an administrative law judge (ALJ). Extending of the pilot program continues our commitment to improve the efficiency of our hearing process and to maintain a hearing process that results in accurate, highquality decisions for claimants. The current pilot program will expire on August 10, 2015. In this final rule, we are extending the effective date to August 12, 2016. We are making no other substantive changes. DATES: This final rule is effective July 2, 2015. FOR FURTHER INFORMATION CONTACT: Rainbow Lloyd, Social Security Administration, 5107 Leesburg Pike, Falls Church, VA 22041–3260, 703– 605–7100 for information about this final rule. For information on eligibility for 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: Explanation of Extension Background 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). 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 have determined that good SUMMARY: Over the past several years, one of our highest priorities has been to improve the efficiency of our hearing process for the Old Age, Survivors, and Disability Insurance (OASDI) programs under title II of the Social Security Act (Act) and the Supplemental Security Income (SSI) program under title XVI of the Act. We began a pilot program in July 2010 (75 FR 39154), under which the agency, rather than the ALJ, may set the time and place of the hearing under certain circumstances. Because we expect to continue to face significant challenges in dealing with the historically large PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 During the pilot program, we tracked ALJ productivity closely, working with ALJs to addresss any concerns about our hearing process. We are continuing to work with ALJs who do not promptly schedule their hearings, and we are using a variety of authorties available to correct these situations. To date, our efforts have been largely successful. We are retaining this authority in our regulations to provide us with the flexibility we need to manage the hearing process appropriately. During this extension of the pilot program, we will continue to monitor the productivity of ALJs and to work with our ALJs to address any concerns regarding our hearing process. Accordingly, we are extending our authority to set the time and place for a hearing before an ALJ for another year, until August 12, 2016. As before, we reserve 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 E:\FR\FM\02JYR1.SGM 02JYR1 ER02JY15.178</GPH> 4.2.2.2.2 Total integrated annual energy consumption of a conventional gas cooking top. Calculate the total integrated annual energy consumption of a conventional gas cooking top, IECA, in kBtus (kJ) per year, defined as: ER02JY15.177</GPH> 37970 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations cause exists for dispensing with the notice and public comment procedures for this rule. 5 U.S.C. 553(b)(B). This final rule only extends the date on which the pilot program will no longer be effective. It makes no substantive changes to our rules. Our current regulations expressly provide that we may extend the expiration date of the pilot program by notice of a final rule in the Federal Register. Therefore, we have determined that opportunity for prior comment is unnecessary, and we are issuing this rule as a final rule. In addition, for the reasons cited above, we find good cause for dispensing with the 30-day delay in the effective date of this final rule. 5 U.S.C. 553(d)(3). We are not making any substantive changes in our rules. Without an extension of the expiration date for the pilot program, we will not have the flexibility we need to ensure the efficiency of our hearing process. Therefore, we find it is in the public interest to make this final rule effective on the publication date. Executive Order 12866 as Supplemented by Executive Order 13563 We consulted with the Office of Management and Budget (OMB) and determined that this final rule does not meet the criteria for a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. Therefore, OMB did not review the 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. asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER 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. BILLING CODE 4191–02–P For the reasons stated in the preamble, we are amending subpart J of part 404 and subpart N of part 416 of title 20 of the Code of Federal Regulations as set forth below: Food and Drug Administration PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE Revocation of General Safety Test Regulations That Are Duplicative of Requirements in Biologics License Applications (1950– ) 21 CFR Parts 601, 610, and 680 [Docket No. FDA–2014–N–1110] AGENCY: Subpart J—[Amended] 1. The authority citation for subpart J of part 404 continues to read as follows: ACTION: Food and Drug Administration, HHS. ■ 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). 2. In § 404.936, revise the second sentence in paragraph (i) to read as follows: ■ § 404.936 Time and place for a hearing before an administrative law judge. * * * * * (i) Pilot program. * * * These provisions will no longer be effective on August 12, 2016, 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 Final rule. The Food and Drug Administration (FDA) is amending the biologics regulations by removing the general safety test (GST) requirements for biological products. FDA is finalizing this action because the existing codified GST regulations are duplicative of requirements that are also specified in biologics license applications (BLAs), or are no longer necessary or appropriate to help ensure the safety, purity, and potency of licensed biological products. FDA is taking this action as part of its retrospective review of its regulations to promote improvement and innovation, in response to the Executive order. DATES: This rule is effective August 3, 2015. SUMMARY: Lori J. Churchyard, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993–0002, 240– 402–7911. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 3. The authority citation for subpart N of part 416 continues to read as follows: Executive Summary 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). The final rule removes the codified GST 1 regulations for biological products which will update outdated requirements and accommodate new and evolving technology and testing capabilities without diminishing public health protections. FDA is finalizing 4. In § 416.1436, revise the second sentence in paragraph (i) to read as follows: ■ 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-age, Survivors, and Disability Insurance, Reporting and recordkeeping requirements, Social Security. Jkt 235001 [FR Doc. 2015–16397 Filed 7–1–15; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES ■ List of Subjects 23:22 Jul 01, 2015 them earlier or extend them beyond that date by notice of a final rule in the Federal Register. Carolyn W. Colvin, Acting Commissioner of Social Security. Subpart N—[Amended] (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.) VerDate Sep<11>2014 20 CFR Part 416 Administrative practice and procedure, Aged, Blind, Disability benefits, Public assistance programs, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). 37971 § 416.1436 Time and place for a hearing before an administrative law judge. * * * * * (i) Pilot program. * * * These provisions will no longer be effective on August 12, 2016, unless we terminate PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 Purpose and Coverage of the Final Rule 1 For purposes of this final rule, the terms ‘‘general safety test’’ or ‘‘GST’’ refer to the requirements found under Title 21 of the Code of Federal Regulations (CFR), subchapter F, parts 600 through 680 (21 CFR parts 600 through 680), specifically 21 CFR 610.11, 610.11a, and 680.3(b). E:\FR\FM\02JYR1.SGM 02JYR1

Agencies

Social Security Administration

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37970-37971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16397]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2015-0010]
RIN 0960-AH75


Extension of Effective Date for Temporary Pilot Program Setting 
the Time and Place for a Hearing Before an Administrative Law Judge

AGENCY: Social Security Administration.

ACTION: Final rule.

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

SUMMARY: We are extending for one year our pilot program that 
authorizes the agency to set the time and place for a hearing before an 
administrative law judge (ALJ). Extending of the pilot program 
continues our commitment to improve the efficiency of our hearing 
process and to maintain a hearing process that results in accurate, 
high-quality decisions for claimants. The current pilot program will 
expire on August 10, 2015. In this final rule, we are extending the 
effective date to August 12, 2016. We are making no other substantive 
changes.

DATES: This final rule is effective July 2, 2015.

FOR FURTHER INFORMATION CONTACT: Rainbow Lloyd, Social Security 
Administration, 5107 Leesburg Pike, Falls Church, VA 22041-3260, 703-
605-7100 for information about this final rule. For information on 
eligibility for 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:

Background

    Over the past several years, one of our highest priorities has been 
to improve the efficiency of our hearing process for the Old Age, 
Survivors, and Disability Insurance (OASDI) programs under title II of 
the Social Security Act (Act) and the Supplemental Security Income 
(SSI) program under title XVI of the Act. We began a pilot program in 
July 2010 (75 FR 39154), under which the agency, rather than the ALJ, 
may set the time and place of the hearing under certain circumstances. 
Because we expect to continue to face significant challenges in dealing 
with the historically large number of hearing requests, we must 
maintain programs and policies that can provide us with the flexibility 
we need to improve the efficiency of our hearing process.
    When we published a final rule on July 8, 2010 authorizing the 
agency to set the time and place for a hearing before an ALJ, we 
explained that we would implement our authority as a temporary pilot 
program. (75 FR 39154). Therefore, we included in sections 404.936(h) 
and 416.1436(h) of the final rule a provision that the pilot program 
would end on August 9, 2013, unless we decided to either terminate the 
program earlier, or extend it beyond that date by publication of a 
final rule in the Federal Register. Most recently, on July 18, 2014, we 
extended the deadline until August 10, 2015. (79 FR 41881).

Explanation of Extension

    During the pilot program, we tracked ALJ productivity closely, 
working with ALJs to addresss any concerns about our hearing process. 
We are continuing to work with ALJs who do not promptly schedule their 
hearings, and we are using a variety of authorties available to correct 
these situations. To date, our efforts have been largely successful. We 
are retaining this authority in our regulations to provide us with the 
flexibility we need to manage the hearing process appropriately.
    During this extension of the pilot program, we will continue to 
monitor the productivity of ALJs and to work with our ALJs to address 
any concerns regarding our hearing process. Accordingly, we are 
extending our authority to set the time and place for a hearing before 
an ALJ for another year, until August 12, 2016. As before, we reserve 
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). 
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 have determined that good

[[Page 37971]]

cause exists for dispensing with the notice and public comment 
procedures for this rule. 5 U.S.C. 553(b)(B). This final rule only 
extends the date on which the pilot program will no longer be 
effective. It makes no substantive changes to our rules. Our current 
regulations expressly provide that we may extend the expiration date of 
the pilot program by notice of a final rule in the Federal Register. 
Therefore, we have determined that opportunity for prior comment is 
unnecessary, and we are issuing this rule as a final rule.
    In addition, for the reasons cited above, we find good cause for 
dispensing with the 30-day delay in the effective date of this final 
rule. 5 U.S.C. 553(d)(3). We are not making any substantive changes in 
our rules. Without an extension of the expiration date for the pilot 
program, we will not have the flexibility we need to ensure the 
efficiency of our hearing process. Therefore, we find it is in the 
public interest to make this final rule effective on the publication 
date.

Executive Order 12866 as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB did not review 
the 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, Aged, Blind, Disability 
benefits, Public assistance programs, Reporting and recordkeeping 
requirements, Supplemental Security Income (SSI).

Carolyn W. Colvin,
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 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.  404.936, revise the second sentence in paragraph (i) to 
read as follows:


Sec.  404.936  Time and place for a hearing before an administrative 
law judge.

* * * * *
    (i) Pilot program. * * * These provisions will no longer be 
effective on August 12, 2016, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

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

Subpart N--[Amended]

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

    Authority: Secs. 702(a)(5), 1631, and 1633 of the Social 
Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub. 
L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).

0
4. In Sec.  416.1436, revise the second sentence in paragraph (i) to 
read as follows:


Sec.  416.1436  Time and place for a hearing before an administrative 
law judge.

* * * * *
    (i) Pilot program. * * * These provisions will no longer be 
effective on August 12, 2016, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

[FR Doc. 2015-16397 Filed 7-1-15; 8:45 am]
BILLING CODE 4191-02-P

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