[Federal Register Volume 64, Number 54 (Monday, March 22, 1999)]
[Rules and Regulations]
[Pages 13677-13678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6880]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

RIN 0960-AF01


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 April 1, 1999, until 
April 1, 2000. We are making no other changes to the rules.

EFFECTIVE DATE: These rules are effective March 22, 1999.

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 20 CFR 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 
final rules in the Federal Register on June 30, 1997 (62 FR 35073), and 
June 30, 1998 (63 FR 35515), extending the date on which Secs. 404.942 
and 416.1442 would no longer be effective to July 1, 1998, and then to 
April 1, 1999.
    In order to continue 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 April 1, 1999, to April 1, 2000. 
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, 2000, 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), 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 regulatory authority 
beginning April 1, 1999, 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.

[[Page 13678]]

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: March 11, 1999.
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), 204(f), 205(a), (b), (d)-(h), and (j), 
221, 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, 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, 2000, 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); 31 U.S.C. 3720A.

    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, 2000, unless they are extended by the 
Commissioner of Social Security by publication of a final rule in the 
Federal Register.
[FR Doc. 99-6880 Filed 3-19-99; 8:45 am]
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