Extension of Sunset Date for Attorney Advisor Program, 711-712 [2018-00058]

Download as PDF 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 http:// 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 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\08JAR1.SGM 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 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 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