Extension of Sunset Date for Attorney Advisor Program, 28992-28994 [2018-13359]
Download as PDF
28992
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
4.3.5 of the toy standard must comply
with the third party testing
requirements of section 14(a)(2) of the
CPSA, unless listed in 16 CFR 1251.2.
(c) Section 108(a) of the CPSIA
permanently prohibits any children’s
toy or child care article that contains
concentrations of more than 0.1 percent
of di-(2-ethylhexyl) phthalate (DEHP),
dibutyl phthalate (DBP), or benzyl butyl
phthalate (BBP). In accordance with
section 108(b)(3) of the CPSIA, 16 CFR
part 1307 prohibits any children’s toy or
child care article that contains
concentrations of more than 0.1 percent
of diisononyl phthalate (DINP),
diisobutyl phthalate (DIBP), di-n-pentyl
phthalate (DPENP), di-n-hexyl phthalate
(DHEXP), or dicyclohexyl phthalate
(DCHP). Materials used in children’s
toys and child care articles subject to
section 108(a) of the CPSIA and 16 CFR
part 1307 must comply with the third
party testing requirements of section
14(a)(2) of the CPSA, unless listed in 16
CFR 1308.2.
daltland on DSKBBV9HB2PROD with RULES
§ 1252.2
Definitions.
In addition to the definitions given in
sections 101, 106, and 108 of the CPSIA,
the following definitions apply for this
part 1252.
Post-consumer wood waste describes
wood waste that is comprised of
materials that are recovered from their
original use and subsequently used in a
new product. Examples of this type of
waste include recycled demolition
wood, packaging materials such as
pallets and crates, used wood from
landscape care (i.e., from urban and
highway trees, hedges, and gardens),
discarded furniture, and waste wood
from industrial, construction, and
commercial activities.
Pre-consumer wood waste describes
wood materials that have been recycled
from an industrial process before being
made available for consumer use.
Examples of this type of waste include
trimmings from engineered wood
product (EWP) panel manufacturing,
sawdust from cutting logs, or remaining
wood pieces from sawing a log into
framing lumber.
Unfinished means an EWP that does
not have any surface treatments applied
at manufacture, such as factory-applied
coatings. Examples of such treatments
may include paint or similar surface
coating materials, wood glue, or metal
fasteners, such as nails or screws.
Untreated means an EWP that does
not have any additional finishes applied
at manufacture. Examples of such
finishes may include flame retardants or
rot resistant finishes.
VerDate Sep<11>2014
16:09 Jun 21, 2018
Jkt 244001
Virgin wood describes wood logs,
fibers, chips, or layers that have not
been recycled from a previous use.
§ 1252.3 Determinations for engineered
wood products.
(a) The following engineered wood
products do not exceed the lead content
limits with a high degree of assurance
as that term is defined in 16 CFR part
1107:
(1) Particleboard that is untreated and
unfinished made from virgin wood or
pre-consumer wood waste;
(2) Hardwood plywood that is
untreated and unfinished made from
virgin wood or pre-consumer wood
waste; and
(3) Medium-density fiberboard that is
untreated and unfinished made from
virgin wood or pre-consumer wood
waste.
(b) The following engineered wood
products do not exceed the ASTM F963
elements solubility limits set forth in 16
CFR part 1250 with a high degree of
assurance as that term is defined in 16
CFR part 1107:
(1) Particleboard that is untreated and
unfinished made from virgin wood or
pre-consumer wood waste;
(2) Hardwood plywood that is
untreated and unfinished made from
virgin wood or pre-consumer wood
waste; and
(3) Medium-density fiberboard that is
untreated and unfinished made from
virgin wood or pre-consumer wood
waste.
(c) The following engineered wood
products do not exceed the phthalates
content limits with a high degree of
assurance as that term is defined in 16
CFR part 1107:
(1) Particleboard that is untreated and
unfinished made from virgin wood or
pre-consumer wood waste;
(2) Hardwood plywood that is
untreated and unfinished made from
virgin wood or pre-consumer wood
waste and does not contain polyvinyl
acetate (PVAc) adhesive formulations;
and
(3) Medium-density fiberboard that is
untreated and unfinished made from
virgin wood or pre-consumer wood
waste.
(d) Accessible component parts of
children’s products, children’s toys, and
child care articles made with EWPs,
listed in paragraphs (a) through (c) of
this section are not required to be third
party tested pursuant to section 14(a)(2)
of the CPSA and 16 CFR part 1107.
(e) Accessible component parts of
children’s products, children’s toys, and
child care articles made with engineered
wood products not listed in paragraphs
(a) through (c) of this section, or that
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
contain post-consumer wood waste, are
required to be third party tested
pursuant to section 14(a)(2) of the CPSA
and 16 CFR part 1107 and sections 101,
106, or 108 of the CPSIA, as applicable.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2018–13392 Filed 6–21–18; 8:45 am]
BILLING CODE 6355–01–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA–2018–0021]
RIN 0960–AI36
Extension of Sunset Date for Attorney
Advisor Program
Social Security Administration.
Final rule.
AGENCY:
ACTION:
We are extending for one year
our rule authorizing attorney advisors to
conduct certain prehearing proceedings
and to issue fully favorable decisions.
The current rule is scheduled to expire
on August 3, 2018. In this final rule, we
are extending the sunset date to August
2, 2019. We are making no other
substantive changes.
DATES: This final rule is effective June
22, 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:
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
E:\FR\FM\22JNR1.SGM
22JNR1
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
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; 80 FR
31990 extending to August 4, 2017; and
82 FR 34400 extending to February 5,
2018). As we noted above, the current
sunset date for the program is August 3,
2018. 83 FR 711.
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 and in fiscal
year 2019.1 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 and manage our hearingslevel workloads effectively, we have
decided to extend the attorney advisor
rule until August 2, 2019. As before, we
reserve the authority to end the program
earlier, to extend it by publishing a final
rule in the Federal Register, or to
discontinue it altogether.
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.
daltland on DSKBBV9HB2PROD with RULES
Regulatory Procedures
Paperwork Reduction Act
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
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.
1 Our
budget estimates indicate that we expect to
receive approximately 582,000 hearing requests in
fiscal year 2018 and 578,000 in fiscal year 2019
(available at: https://www.ssa.gov/budget/
FY19Files/2019CJ.pdf).
VerDate Sep<11>2014
16:09 Jun 21, 2018
Jkt 244001
(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.)
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
28993
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).
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]
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 2, 2019, unless we terminate
them earlier or extend them beyond that
date by notice of a final rule in the
Federal Register.
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart N—[Amended]
3. The authority citation for subpart N
continues to read as follows:
■
Authority: Secs. 702(a)(5), 1631, and 1633
of the Social Security Act (42 U.S.C.
902(a)(5), 1383, and 1383b); sec. 202, Pub. L.
108–203, 118 Stat. 509 (42 U.S.C. 902 note).
4. In § 416.1442, revise paragraph (g)
to read as follows:
■
§ 416.1442 Prehearing proceedings and
decisions by attorney advisors.
*
E:\FR\FM\22JNR1.SGM
*
*
22JNR1
*
*
28994
Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Rules and Regulations
(g) Sunset provision. The provisions
of this section will no longer be effective
on August 2, 2019, unless we terminate
them earlier or extend them beyond that
date by notice of a final rule in the
Federal Register.
[FR Doc. 2018–13359 Filed 6–21–18; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 866
[Docket No. FDA–2018–N–1929]
Medical Devices; Immunology and
Microbiology Devices; Classification of
the Next Generation Sequencing
Based Tumor Profiling Test
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final order.
The Food and Drug
Administration (FDA or we) is
classifying the next generation
sequencing based tumor profiling test
into class II (special controls). The
special controls that apply to the device
type are identified in this order and will
be part of the codified language for the
next generation sequencing based tumor
profiling test’s classification. We are
taking this action because we have
determined that classifying the device
into class II (special controls) will
provide a reasonable assurance of safety
and effectiveness of the device. We
believe this action will also enhance
patients’ access to beneficial innovative
devices, in part by reducing regulatory
burdens.
DATES: This order is effective June 22,
2018. The classification was applicable
on November 15, 2017.
FOR FURTHER INFORMATION CONTACT:
Scott McFarland, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 4676, Silver Spring,
MD, 20993–0002, 301–796–6217,
Scott.McFarland@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
daltland on DSKBBV9HB2PROD with RULES
I. Background
Upon request, FDA has classified the
next generation sequencing based tumor
profiling test as class II (special
controls), which we have determined
will provide a reasonable assurance of
safety and effectiveness. In addition, we
believe this action will enhance
patients’ access to beneficial innovation,
in part by reducing regulatory burdens
VerDate Sep<11>2014
16:09 Jun 21, 2018
Jkt 244001
by placing the device into a lower
device class than the automatic class III
assignment.
The automatic assignment of class III
occurs by operation of law and without
any action by FDA, regardless of the
level of risk posed by the new device.
Any device that was not in commercial
distribution before May 28, 1976, is
automatically classified as, and remains
within, class III and requires premarket
approval unless and until FDA takes an
action to classify or reclassify the device
(see 21 U.S.C. 360c(f)(1)). We refer to
these devices as ‘‘postamendments
devices’’ because they were not in
commercial distribution prior to the
date of enactment of the Medical Device
Amendments of 1976, which amended
the Federal Food, Drug, and Cosmetic
Act (FD&C Act).
FDA may take a variety of actions in
appropriate circumstances to classify or
reclassify a device into class I or II. We
may issue an order finding a new device
to be substantially equivalent under
section 513(i) of the FD&C Act to a
predicate device that does not require
premarket approval (see 21 U.S.C.
360c(i)). We determine whether a new
device is substantially equivalent to a
predicate by means of the procedures
for premarket notification under section
510(k) of the FD&C Act and Part 807 (21
U.S.C. 360(k) & 21 CFR part 807,
respectively).
FDA may also classify a device
through ‘‘De Novo’’ classification, a
common name for the process
authorized under section 513(f)(2) of the
FD&C Act (21 U.S.C. 360c(f)(2)). Section
207 of the Food and Drug
Administration Modernization Act of
1997 established the first procedure for
De Novo classification (Pub. L. 105–
115). Section 607 of the Food and Drug
Administration Safety and Innovation
Act modified the De Novo application
process by adding a second procedure
(Pub. L. 112–144). A device sponsor
may utilize either procedure for De
Novo classification.
Under the first procedure, the person
submits a 510(k) for a device that has
not previously been classified. After
receiving an order from FDA classifying
the device into class III under section
513(f)(1) of the FD&C Act, the person
then requests a classification under
section 513(f)(2).
Under the second procedure, rather
than first submitting a 510(k) and then
a request for classification, if the person
determines that there is no legally
marketed device upon which to base a
determination of substantial
equivalence, that person requests a
classification under section 513(f)(2) of
the FD&C Act.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Under either procedure for De Novo
classification, FDA is required to
classify the device by written order
within 120 days. The classification will
be according to the criteria under
section 513(a)(1) of the FD&C Act (21
U.S.C. 360c(a)(1)). Although the device
was automatically within class III, the
De Novo classification is considered to
be the initial classification of the device.
We believe this De Novo classification
will enhance patients’ access to
beneficial innovation, in part by
reducing regulatory burdens. When FDA
classifies a device into class I or II via
the De Novo process, the device can
serve as a predicate for future devices of
that type, including for 510(k)s (see 21
U.S.C. 360c(f)(2)(B)(i)). As a result, other
device sponsors do not have to submit
a De Novo request or PMA in order to
market a substantially equivalent device
(see 21 U.S.C. 360c(i), defining
‘‘substantial equivalence’’). Instead,
sponsors can use the less-burdensome
510(k) process, when necessary, to
market their device.
II. De Novo Classification
On September 25, 2017, Memorial
Sloan-Kettering Cancer Center
Department of Pathology submitted a
request for De Novo classification of the
MSK–IMPACT (Integrated Mutation
Profiling of Actionable Cancer Targets).
FDA reviewed the request in order to
classify the device under the criteria for
classification set forth in section
513(a)(1) of the FD&C Act.
We classify devices into class II if
general controls by themselves are
insufficient to provide reasonable
assurance of safety and effectiveness,
but there is sufficient information to
establish special controls that, in
combination with the general controls,
provide reasonable assurance of the
safety and effectiveness of the device for
its intended use (see 21 U.S.C.
360c(a)(1)(B)). After review of the
information submitted in the request,
we determined that the device can be
classified into class II with the
establishment of special controls. FDA
has determined that these special
controls, in addition to the general
controls, will provide reasonable
assurance of the safety and effectiveness
of the device.
Therefore, on November 15, 2017,
FDA issued an order to the requester
classifying the device into class II. FDA
is codifying the classification of the
device by adding 21 CFR 866.6080. We
have named the generic type of device
next generation sequencing (NGS) based
tumor profiling test, and it is identified
as a qualitative in vitro diagnostic test
intended for NGS analysis of tissue
E:\FR\FM\22JNR1.SGM
22JNR1
Agencies
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 28992-28994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13359]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2018-0021]
RIN 0960-AI36
Extension of Sunset Date for Attorney Advisor Program
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are extending for one year our rule authorizing attorney
advisors to conduct certain prehearing proceedings and to issue fully
favorable decisions. The current rule is scheduled to expire on August
3, 2018. In this final rule, we are extending the sunset date to August
2, 2019. We are making no other substantive changes.
DATES: This final rule is effective June 22, 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
[[Page 28993]]
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; 80 FR 31990 extending to
August 4, 2017; and 82 FR 34400 extending to February 5, 2018). As we
noted above, the current sunset date for the program is August 3, 2018.
83 FR 711.
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 and in fiscal year
2019.\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 582,000 hearing requests in fiscal year 2018 and
578,000 in fiscal year 2019 (available at: https://www.ssa.gov/budget/FY19Files/2019CJ.pdf).
---------------------------------------------------------------------------
To preserve the maximum degree of flexibility and manage our
hearings-level workloads effectively, we have decided to extend the
attorney advisor rule until August 2, 2019. As before, we reserve the
authority to end the program earlier, to 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
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, Reporting and recordkeeping
requirements, Supplemental Security Income (SSI).
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 2, 2019, 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.
* * * * *
[[Page 28994]]
(g) Sunset provision. The provisions of this section will no longer
be effective on August 2, 2019, unless we terminate them earlier or
extend them beyond that date by notice of a final rule in the Federal
Register.
[FR Doc. 2018-13359 Filed 6-21-18; 8:45 am]
BILLING CODE 4191-02-P