[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Rules and Regulations]
[Pages 35515-35516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17343]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
RIN 0960-AE86
Administrative Review Process; Prehearing Proceedings and
Decisions by Attorney Advisors; Extension of Expiration Date
AGENCY: Social Security Administration.
ACTION: Final rules.
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SUMMARY: These final rules extend the time period set out in our
regulations during which attorney advisors in our Office of Hearings
and Appeals (OHA) may conduct certain prehearing proceedings and, where
the documentary record developed as a result of these proceedings
warrants, issue decisions that are wholly favorable to the parties to
the hearing in claims for Social Security or Supplemental Security
Income (SSI) benefits based on disability. We are extending the date at
which these rules will no longer be effective from July 1, 1998, until
April 1, 1999.
EFFECTIVE DATE: These rules are effective June 30, 1998.
FOR FURTHER INFORMATION CONTACT: Harry J. Short, Legal Assistant,
Office of Process and Innovation Management, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235, (410)
965-6243 for information about these rules. For information on
eligibility or claiming benefits, call our national toll-free number,
1-800-772-1213.
SUPPLEMENTARY INFORMATION: On June 30, 1995, in an action undertaken to
reduce the record numbers of requests for an administrative law judge
(ALJ) hearing pending in our OHA hearing offices, we published final
rules in the Federal Register (60 FR 34126) that authorize OHA's
attorney advisors to conduct certain prehearing proceedings and, if a
decision that is wholly favorable to the parties to the hearing may be
issued at the completion of these proceedings, to issue such a
decision. These regulations, which are codified at Secs. 404.942 and
416.1442, included a provision stating that the rules would no longer
be effective on June 30, 1997, unless the Commissioner of Social
Security extended the expiration date of the provisions by publication
of a final rule in the Federal Register. We subsequently published a
final rule in the Federal Register on June 30, 1997 (62 FR 35073),
stating that these rules would no longer be effective on July 1, 1998.
In order to maximize our ability to meet our hearing production
goals, we have decided to extend the date on which these rules will no
longer be effective from July 1, 1998, to April 1, 1999. The final
rules amend the sunset provision in Secs. 404.942 and 416.1442 (which
expressly provides for extending the expiration date of those sections)
to provide that the provisions authorizing prehearing proceedings and
decisions by attorney advisors will no longer be effective on April 1,
1999, unless the provisions are extended by the Commissioner of Social
Security by publication of a final rule in the Federal Register.
Regulatory Procedures
Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.
902(a)(5), as amended by section 102 of Public Law 103-296, SSA follows
the Administrative Procedure Act (APA) rulemaking procedures specified
in 5 U.S.C. 553 in the development of its regulations. The APA provides
exceptions to its notice and public comment procedures when an agency
finds there is good cause for dispensing with such procedures on the
basis that they are impracticable, unnecessary, or contrary to the
public interest. We have determined that, under 5 U.S.C. 553(b)(B),
good cause exists for dispensing with the notice and public comment
procedures in this case. Good cause exists because these rules only
extend the date on which the regulatory provisions concerning
prehearing proceedings and decisions by attorney advisors will no
longer be effective. These rules make no substantive change to those
provisions. The current regulations expressly provide that the
provisions may be extended. Therefore, opportunity for prior comment is
unnecessary, and we are issuing these regulations as final rules.
In addition, we find good cause for dispensing with the 30-day
delay in the effective date of a substantive rule, provided for by 5
U.S.C. 553(d). As explained above, we are not making any substantive
changes in the provisions on prehearing proceedings and decisions by
attorney advisors. However, without a timely extension of the
expiration date for these provisions, we will lack
[[Page 35516]]
regulatory authority beginning July 1, 1998, to have OHA attorney
advisors conduct certain prehearing proceedings and issue fully
favorable decisions where appropriate under the rules. In order to
provide for an uninterrupted continuance of that authority for the
additional period we believe appropriate, and to ensure that we retain
the ability to manage the hearings process appropriately, we find that
it is in the public interest to make these rules effective upon
publication.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these rules do not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, the
rules are not subject to OMB review.
Regulatory Flexibility Act
We certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
affect only individuals. Therefore, a regulatory flexibility analysis
as provided in the Regulatory Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
These regulations impose no reporting/recordkeeping requirements
necessitating clearance by OMB.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security-Disability Insurance; 96.006, Supplemental Security Income)
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Death benefits, 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, Supplemental Security Income
(SSI), Reporting and recordkeeping requirements.
Dated: June 23, 1998.
Kenneth S. Apfel,
Commissioner of Social Security.
For the reasons set out in the preamble, subpart J of part 404 and
subpart N of part 416 of chapter III of title 20 of the Code of Federal
Regulations are amended as set forth below.
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart J is amended as follows:
1. The authority citation for subpart J of part 404 continues to
read as follows:
Authority: Secs. 201(j), 205(a), (b), (d)-(h), and (j), 221,
225, and 702(a)(5) of the Social Security Act (42 U.S.C. 401(j),
405(a), (b), (d)-(h), and (j), 421, 425, and 902(a)(5)); 31 U.S.C.
3720A; 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).
2. Section 404.942 is amended by revising 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 April 1, 1999, unless they are extended by the
Commissioner of Social Security by publication of a final rule in the
Federal Register.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart N is amended as follows:
1. The authority citation for subpart N continues to read as
follows:
Authority: Sec. 702(a)(5), 1631, and 1633 of the Social Security
Act (42 U.S.C. 902(a)(5), 1383, and 1383b).
2. Section 416.1442 is amended by revising 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 April 1, 1999, unless they are extended by the
Commissioner of Social Security by publication of a final rule in the
Federal Register.
[FR Doc. 98-17343 Filed 6-29-98; 8:45 am]
BILLING CODE 4190-29-P
