Extension of Sunset Date for Attorney Advisor Program, 711-712 [2018-00058]
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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations
engines and related items for vessels of
war, see ECCN 9A619.
Related Definitions: N/A.
Items:
a. Surface vessels of war ‘‘specially
designed’’ for a military use and not
enumerated or otherwise described in the
USML.
Note 1: 8A609.a includes: (i) Underway
replenishment ships; (ii) surface vessel and
submarine tender and repair ships, except
vessels that are ‘‘specially designed’’ to
support naval nuclear propulsion plants; (iii)
non-submersible submarine rescue ships; (iv)
other auxiliaries (e.g., AGDS, AGF, AGM,
AGOR, AGOS, AH, AP, ARL, AVB, AVM, and
AVT); (v) amphibious warfare craft, except
those that are armed; and (vi) unarmored
and unarmed coastal, patrol, roadstead, and
Coast Guard and other patrol craft with
mounts or hard points for firearms of .50
caliber or less.
jstallworth on DSKBBY8HB2PROD with RULES
Note 2: For purposes of paragraph .a,
surface vessels of war includes vessels
‘‘specially designed’’ for military use that are
not identified in paragraph (a) of ITAR
§ 121.15, including any demilitarized vessels,
regardless of origin or designation,
manufactured prior to 1950 and that have
not been modified since 1949. For purposes
of this note, the term modified does not
include incorporation of safety features
required by law, cosmetic changes (e.g.,
different paint), or the addition of ‘‘parts’’ or
‘‘components’’ available prior to 1950.
b. Non-magnetic diesel engines with a
power output of 50 hp or more and either of
the following:
b.1. Non-magnetic content exceeding 25%
of total weight; or
b.2. Non-magnetic parts other than
crankcase, block, head, pistons, covers, end
plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
c. through w. [RESERVED]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in ECCN 8A609 (except
for 8A609.y) or a defense article enumerated
or otherwise described in USML Category VI
and not specified elsewhere on the USML, in
8A609.y or 3A611.y.
Note 1: Forgings, castings, and other
unfinished products, such as extrusions and
machined bodies, that have reached a stage
in manufacturing where they are clearly
identifiable by mechanical properties,
material composition, geometry, or function
as commodities controlled by ECCN 8A609.x
are controlled by ECCN 8A609.x.
Note 2: ‘‘Parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ specified in
USML subcategory VI(f) are subject to the
controls of that paragraph. ‘‘Parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ specified in ECCN 8A609.y
are subject to the controls of that paragraph.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in this ECCN or for a defense article in USML
Category VI and not elsewhere specified in
the USML, as follows, and ‘‘parts,’’
VerDate Sep<11>2014
15:10 Jan 05, 2018
Jkt 244001
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor:
y.1. Public address (PA) systems;
y.2. Filters and filter assemblies, hoses,
lines, fittings, couplings, and brackets for
pneumatic, hydraulic, oil and fuel systems;
y.3. Galleys;
y.4. Lavatories;
y.5. Magnetic compass, magnetic azimuth
detector;
y.6. Medical facilities;
y.7. Potable water tanks, filters, valves,
hoses, lines, fittings, couplings, and brackets;
y.8. Panel knobs, indicators, switches,
buttons, and dials whether unfiltered or
filtered for use with night vision imaging
systems;
y.9. Emergency lighting;
y.10. Gauges and indicators;
y.11. Audio selector panels.
Dated: January 2, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018–00059 Filed 1–5–18; 8:45 am]
BILLING CODE–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA–2017–0062]
RIN 0960–AI26
Extension of Sunset Date for Attorney
Advisor Program
Social Security Administration.
Final rule.
AGENCY:
ACTION:
We are extending for six
months our rule authorizing attorney
advisors to conduct certain prehearing
proceedings and to issue fully favorable
decisions. The current rule is scheduled
to expire on February 5, 2018. In this
final rule, we are extending the sunset
date to August 3, 2018. We are making
no other substantive changes.
DATES: This final rule is effective
January 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Susan Swansiger, Office of Hearings
Operations, Social Security
Administration, 5107 Leesburg Pike,
Falls Church, VA 22041, (703) 605–
8500. For information on eligibility or
filing for benefits, call our national tollfree number, 800–772–1213 or TTY
800–325–0778, or visit our internet site,
Social Security Online, at https://
www.socialsecurity.gov.
SUMMARY:
711
favorable decisions when the
documentary record warrants doing so.
72 FR 44763. We instituted this practice
to provide more timely service to the
increasing number of applicants for
Social Security disability benefits and
Supplemental Security Income
payments based on disability. We
considered the public comments we
received on the interim final rule, and
on March 3, 2008, we issued a final rule
without change. 73 FR 11349. Under
this rule, some attorney advisors may
develop claims and, in appropriate
cases, issue fully favorable decisions
before a hearing.
We originally intended the attorney
advisor program to be a temporary
modification to our procedures.
Therefore, we included in sections
404.942(g) and 416.1442(g) of the
interim final rule a provision that the
program would end on August 10, 2009,
unless we decided to either terminate
the rule earlier or extend it beyond that
date by publication of a final rule in the
Federal Register. Since that time, we
have periodically extended the sunset
date (see 74 FR 33327 extending to
August 10, 2011; 76 FR 18383 extending
to August 9, 2013; 78 FR 45459
extending to August 7, 2015; and 80 FR
31990 extending to August 4, 2017). As
we noted above, the current sunset date
for the program is February 5, 2018. 82
FR 34400.
Explanation of Extension
Background of the Attorney Advisor
Program
We published the final rule to adopt
without change the interim final rule
that we published on August 9, 2007.
We stated our intent to monitor the
program closely and to modify it if it
did not meet our expectations. 73 FR
11349.
We explained in the 2008 final rule
that the number of requests for hearings
had increased significantly in recent
years. From 2008 to the present, the
number of pending hearing requests has
continued to remain at a high level, and
we anticipate that we will receive
several hundred thousand hearing
requests in fiscal year 2018.1 We are
extending the program at this time
while we continue to consider our
options with respect to the program.
To preserve the maximum degree of
flexibility we need to manage our
hearings-level workloads effectively, we
have decided to extend the attorney
advisor rule for six months until August
3, 2018. As before, we reserve the
authority to end the program earlier, to
On August 9, 2007, we issued an
interim final rule permitting some
attorney advisors to conduct certain
prehearing proceedings and issue fully
1 Our budget estimates indicate that we expect to
receive approximately 645,000 hearing requests in
fiscal year 2018 (available at: https://www.ssa.gov/
budget/FY18Files/2018BO.pdf).
SUPPLEMENTARY INFORMATION:
PO 00000
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08JAR1
712
Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations
extend it by publishing a final rule in
the Federal Register, or to discontinue
it altogether.
and, therefore, does not require OMB
approval under the Paperwork
Reduction Act.
Regulatory Procedures
(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.)
Justification for Issuing Final Rule
Without Notice and Comment
We follow the Administrative
Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553
when developing regulations. Section
702(a)(5) of the Social Security Act, 42
U.S.C. 902(a)(5). The APA provides
exceptions to its notice and public
comment procedures when an agency
finds there is good cause for dispensing
with such procedures because they are
impracticable, unnecessary, or contrary
to the public interest. We have
determined that good cause exists for
dispensing with the notice and public
comment procedures for this rule. 5
U.S.C. 553(b)(B). Good cause exists
because this final rule only extends the
expiration date of an existing rule. It
makes no substantive changes to the
rule. The current regulations expressly
provide that we may extend or
terminate this rule. Therefore, we have
determined that opportunity for prior
comment is unnecessary, and we are
issuing this rule as a final rule.
In addition, because we are not
making any substantive changes to the
existing rule, we find that there is good
cause for dispensing with the 30-day
delay in the effective date of a
substantive rule provided by 5 U.S.C.
553(d)(3). To ensure that we have
uninterrupted authority to use attorney
advisors to address the number of
pending cases at the hearing level, we
find that it is in the public interest to
make this final rule effective on the date
of publication.
jstallworth on DSKBBY8HB2PROD with RULES
Executive Order 12866 as
Supplemented by Executive Order
13563
We consulted with the Office of
Management and Budget (OMB) and
although we do not believe that this will
be a significant regulatory action under
Executive Order (E.O.) 12866, as
supplemented by E.O. 13563, OMB has
reviewed this final rule.
Regulatory Flexibility Act
We certify that this final rule will not
have a significant economic impact on
a substantial number of small entities
because it affects individuals only.
Therefore, the Regulatory Flexibility
Act, as amended, does not require us to
prepare a regulatory flexibility analysis.
Paperwork Reduction Act
This final rule does not create any
new or affect any existing collections
VerDate Sep<11>2014
15:10 Jan 05, 2018
Jkt 244001
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.
*
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.
*
*
*
*
(g) Sunset provision. The provisions
of this section will no longer be effective
on August 3, 2018, unless we terminate
them earlier or extend them beyond that
date by notice of a final rule in the
Federal Register.
[FR Doc. 2018–00058 Filed 1–5–18; 8:45 am]
20 CFR Part 416
Administrative practice and
procedure, Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI).
BILLING CODE 4191–02–P
Dated: December 28, 2017.
Nancy A. Berryhill,
Acting Commissioner of Social Security.
40 CFR Parts 122 and 123
For the reasons stated in the
preamble, we are amending subpart J of
part 404 and subpart N of part 416 of
Chapter III of title 20 of the Code of
Federal Regulations as set forth below:
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2016–0376; FRL–9972–51–
OW]
RIN 2040–AF67
Public Notification Requirements for
Combined Sewer Overflows to the
Great Lakes Basin
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950– )
AGENCY:
Subpart J—[Amended]
SUMMARY:
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 § 404.942, 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 3, 2018, unless we terminate
them earlier or extend them beyond that
date by notice of a final rule in the
Federal Register.
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart N—[Amended]
3. The authority citation for subpart N
continues to read as follows:
■
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is finalizing a rule to
implement section 425 of the
Consolidated Appropriations Act of
2016, which requires EPA to work with
the Great Lakes States to establish
public notification requirements for
combined sewer overflow (CSO)
discharges to the Great Lakes. The
requirements address signage,
notification of local public health
departments and other potentially
affected public entities, notification to
the public, and annual notice. The rule
includes a two-stage approach with
requirements that apply directly to
existing National Pollutant Discharge
Elimination System (NPDES) permittees
authorized to discharge from a CSO to
the Great Lakes Basin, beginning on
August 7, 2018 and a requirement that
the public notification provisions be
incorporated into NPDES permits when
these permits are issued or reissued
after February 7, 2018, unless the permit
has been proposed prior to February 7,
2018 in which case the requirements
would be incorporated into the next
permit renewal. This rule protects
public health by ensuring timely
notification to the public and to public
health departments, public drinking
E:\FR\FM\08JAR1.SGM
08JAR1
]]>Agencies
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Rules and Regulations]
[Pages 711-712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00058]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2017-0062]
RIN 0960-AI26
Extension of Sunset Date for Attorney Advisor Program
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are extending for six months our rule authorizing attorney
advisors to conduct certain prehearing proceedings and to issue fully
favorable decisions. The current rule is scheduled to expire on
February 5, 2018. In this final rule, we are extending the sunset date
to August 3, 2018. We are making no other substantive changes.
DATES: This final rule is effective January 8, 2018.
FOR FURTHER INFORMATION CONTACT: Susan Swansiger, Office of Hearings
Operations, Social Security Administration, 5107 Leesburg Pike, Falls
Church, VA 22041, (703) 605-8500. For information on eligibility or
filing for benefits, call our national toll-free number, 800-772-1213
or TTY 800-325-0778, or visit our internet site, Social Security
Online, at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background of the Attorney Advisor Program
On August 9, 2007, we issued an interim final rule permitting some
attorney advisors to conduct certain prehearing proceedings and issue
fully favorable decisions when the documentary record warrants doing
so. 72 FR 44763. We instituted this practice to provide more timely
service to the increasing number of applicants for Social Security
disability benefits and Supplemental Security Income payments based on
disability. We considered the public comments we received on the
interim final rule, and on March 3, 2008, we issued a final rule
without change. 73 FR 11349. Under this rule, some attorney advisors
may develop claims and, in appropriate cases, issue fully favorable
decisions before a hearing.
We originally intended the attorney advisor program to be a
temporary modification to our procedures. Therefore, we included in
sections 404.942(g) and 416.1442(g) of the interim final rule a
provision that the program would end on August 10, 2009, unless we
decided to either terminate the rule earlier or extend it beyond that
date by publication of a final rule in the Federal Register. Since that
time, we have periodically extended the sunset date (see 74 FR 33327
extending to August 10, 2011; 76 FR 18383 extending to August 9, 2013;
78 FR 45459 extending to August 7, 2015; and 80 FR 31990 extending to
August 4, 2017). As we noted above, the current sunset date for the
program is February 5, 2018. 82 FR 34400.
Explanation of Extension
We published the final rule to adopt without change the interim
final rule that we published on August 9, 2007. We stated our intent to
monitor the program closely and to modify it if it did not meet our
expectations. 73 FR 11349.
We explained in the 2008 final rule that the number of requests for
hearings had increased significantly in recent years. From 2008 to the
present, the number of pending hearing requests has continued to remain
at a high level, and we anticipate that we will receive several hundred
thousand hearing requests in fiscal year 2018.\1\ We are extending the
program at this time while we continue to consider our options with
respect to the program.
---------------------------------------------------------------------------
\1\ Our budget estimates indicate that we expect to receive
approximately 645,000 hearing requests in fiscal year 2018
(available at: https://www.ssa.gov/budget/FY18Files/2018BO.pdf).
---------------------------------------------------------------------------
To preserve the maximum degree of flexibility we need to manage our
hearings-level workloads effectively, we have decided to extend the
attorney advisor rule for six months until August 3, 2018. As before,
we reserve the authority to end the program earlier, to
[[Page 712]]
extend it by publishing a final rule in the Federal Register, or to
discontinue it altogether.
Regulatory Procedures
Justification for Issuing Final Rule Without Notice and Comment
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 when developing regulations.
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). The
APA provides exceptions to its notice and public comment procedures
when an agency finds there is good cause for dispensing with such
procedures because they are impracticable, unnecessary, or contrary to
the public interest. We have determined that good cause exists for
dispensing with the notice and public comment procedures for this rule.
5 U.S.C. 553(b)(B). Good cause exists because this final rule only
extends the expiration date of an existing rule. It makes no
substantive changes to the rule. The current regulations expressly
provide that we may extend or terminate this rule. Therefore, we have
determined that opportunity for prior comment is unnecessary, and we
are issuing this rule as a final rule.
In addition, because we are not making any substantive changes to
the existing rule, we find that there is good cause for dispensing with
the 30-day delay in the effective date of a substantive rule provided
by 5 U.S.C. 553(d)(3). To ensure that we have uninterrupted authority
to use attorney advisors to address the number of pending cases at the
hearing level, we find that it is in the public interest to make this
final rule effective on the date of publication.
Executive Order 12866 as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
although we do not believe that this will be a significant regulatory
action under Executive Order (E.O.) 12866, as supplemented by E.O.
13563, OMB has reviewed this final rule.
Regulatory Flexibility Act
We certify that this final rule will not have a significant
economic impact on a substantial number of small entities because it
affects individuals only. Therefore, the Regulatory Flexibility Act, as
amended, does not require us to prepare a regulatory flexibility
analysis.
Paperwork Reduction Act
This final rule does not create any new or affect any existing
collections and, therefore, does not require OMB approval under the
Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; 96.006,
Supplemental Security Income.)
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-age, Survivors and Disability Insurance, Reporting and
recordkeeping requirements, Social security.
20 CFR Part 416
Administrative practice and procedure, Reporting and recordkeeping
requirements, Supplemental Security Income (SSI).
Dated: December 28, 2017.
Nancy A. Berryhill,
Acting Commissioner of Social Security.
For the reasons stated in the preamble, we are amending subpart J
of part 404 and subpart N of part 416 of Chapter III of title 20 of the
Code of Federal Regulations as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart J--[Amended]
0
1. The authority citation for subpart J of part 404 continues to read
as follows:
Authority: Secs. 201(j), 204(f), 205(a)-(b), (d)-(h), and (j),
221, 223(i), 225, and 702(a)(5) of the Social Security Act (42
U.S.C. 401(j), 404(f), 405(a)-(b), (d)-(h), and (j), 421, 423(i),
425, and 902(a)(5)); sec. 5, Pub. L. 97-455, 96 Stat. 2500 (42
U.S.C. 405 note); secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98
Stat. 1802 (42 U.S.C. 421 note); sec. 202, Pub. L. 108-203, 118
Stat. 509 (42 U.S.C. 902 note).
0
2. In Sec. 404.942, revise paragraph (g) to read as follows:
Sec. 404.942 Prehearing proceedings and decisions by attorney
advisors.
* * * * *
(g) Sunset provision. The provisions of this section will no longer
be effective on August 3, 2018, unless we terminate them earlier or
extend them beyond that date by notice of a final rule in the Federal
Register.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart N--[Amended]
0
3. The authority citation for subpart N continues to read as follows:
Authority: Secs. 702(a)(5), 1631, and 1633 of the Social
Security Act (42 U.S.C. 902(a)(5), 1383, and 1383b); sec. 202, Pub.
L. 108-203, 118 Stat. 509 (42 U.S.C. 902 note).
0
4. In Sec. 416.1442, revise paragraph (g) to read as follows:
Sec. 416.1442 Prehearing proceedings and decisions by attorney
advisors.
* * * * *
(g) Sunset provision. The provisions of this section will no longer
be effective on August 3, 2018, unless we terminate them earlier or
extend them beyond that date by notice of a final rule in the Federal
Register.
[FR Doc. 2018-00058 Filed 1-5-18; 8:45 am]
BILLING CODE 4191-02-P
