Extension of Effective Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law Judge, 41213-41214 [2016-14974]

Download as PDF Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations Lisbon, ND area. (81 FR 8026) Docket No. FAA–2015–5800. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9Z dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order 7400.9Z, airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015. FAA Order 7400.9Z is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. sradovich on DSK3GDR082PROD with RULES The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Lisbon Municipal Airport, Lisbon, ND, to accommodate new RNAV standard instrument approach procedures. Controlled airspace is needed for the safety and management of IFR operations at the airport. Class E airspace designations are published in Paragraph 6005 of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic VerDate Sep<11>2014 16:19 Jun 23, 2016 Jkt 238001 41213 procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. SOCIAL SECURITY ADMINISTRATION Environmental Review Extension of Effective Date for Temporary Pilot Program Setting the Time and Place for a Hearing Before an Administrative Law Judge The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exists that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for Part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, effective September 15, 2015, is amended as follows: ■ Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * AGL ND E5 * * Lisbon, ND [New] Lisbon Municipal Airport, ND (Lat. 46°26′49″ N., long. 097°43′42″ W.) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Lisbon Municipal Airport. Issued in Fort Worth, TX, on June 15, 2016. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2016–14873 Filed 6–23–16; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 20 CFR Parts 404 and 416 [Docket No. SSA–2016–0019] RIN 0960–AI02 Social Security Administration. Final rule. AGENCY: ACTION: 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 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 12, 2016. In this final rule, we are extending the effective date to August 11, 2017. We are making no other changes. DATES: This final rule is effective June 24, 2016. FOR FURTHER INFORMATION CONTACT: Maren Weight, 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 http://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: SUMMARY: 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 E:\FR\FM\24JNR1.SGM 24JNR1 41214 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 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 2, 2015, we extended the expiration date until August 12, 2016. (80 FR 37970). 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 11, 2017. 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 sradovich on DSK3GDR082PROD with RULES 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 cause exists for dispensing with the notice and public comment procedures for this rule. (5 U.S.C. 553(b)(3)(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 16:19 Jun 23, 2016 Jkt 238001 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. 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] 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). 2. In § 404.936, revise the second sentence in paragraph (i) to read as follows: ■ Regulatory Flexibility Act § 404.936 Time and place for a hearing before an administrative law judge. 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 Justification for Issuing Final Rule Without Notice and Comment VerDate Sep<11>2014 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. These rules do not create any new or affect any existing collections and, therefore, do not require Office of Management and Budget approval under the Paperwork Reduction Act. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security— Disability Insurance; 96.002, Social Security—Retirement Insurance; 96.004, Social Security—Survivors Insurance; 96.006, Supplemental Security Income.) 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 Fmt 4700 Subpart N—[Amended] 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). 4. In § 416.1436, revise the second sentence in paragraph (i) to read as follows: 20 CFR Part 404 Frm 00044 PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED ■ List of Subjects PO 00000 * * * * (i) Pilot program. * * * These provisions will no longer be effective on August 11, 2017, unless we terminate them earlier or extend them beyond that date by notice of a final rule in the Federal Register. Sfmt 9990 § 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 11, 2017, unless we terminate them earlier or extend them beyond that date by notice of a final rule in the Federal Register. [FR Doc. 2016–14974 Filed 6–23–16; 8:45 am] BILLING CODE P E:\FR\FM\24JNR1.SGM 24JNR1

Agencies

[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41213-41214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14974]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2016-0019]
RIN 0960-AI02


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 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 12, 2016. In this final rule, we are extending the effective 
date to August 11, 2017. We are making no other changes.

DATES: This final rule is effective June 24, 2016.

FOR FURTHER INFORMATION CONTACT: Maren Weight, 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 http://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

[[Page 41214]]

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 2, 2015, we extended 
the expiration date until August 12, 2016. (80 FR 37970).

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 11, 2017. 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 cause exists for dispensing with 
the notice and public comment procedures for this rule. (5 U.S.C. 
553(b)(3)(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

    These rules do not create any new or affect any existing 
collections and, therefore, do not require Office of Management and 
Budget approval under the Paperwork Reduction Act.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security--Disability Insurance; 96.002, Social Security--Retirement 
Insurance; 96.004, Social Security--Survivors Insurance; 96.006, 
Supplemental Security Income.)

List of Subjects

20 CFR Part 404

    Administrative practice and procedure, Blind, Disability benefits, 
Old-age, Survivors, and Disability Insurance, Reporting and 
recordkeeping requirements, Social Security.

20 CFR Part 416

    Administrative practice and procedure, 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 11, 2017, 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 11, 2017, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

[FR Doc. 2016-14974 Filed 6-23-16; 8:45 am]
BILLING CODE P