[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41213-41214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14974]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2016-0019]
RIN 0960-AI02


Extension of Effective Date for Temporary Pilot Program Setting 
the Time and Place for a Hearing Before an Administrative Law Judge

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are extending for one year our pilot program that 
authorizes the agency to set the time and place for a hearing before an 
administrative law judge (ALJ). Extending the pilot program continues 
our commitment to improve the efficiency of our hearing process and to 
maintain a hearing process that results in accurate, high-quality 
decisions for claimants. The current pilot program will expire on 
August 12, 2016. In this final rule, we are extending the effective 
date to August 11, 2017. We are making no other changes.

DATES: This final rule is effective June 24, 2016.

FOR FURTHER INFORMATION CONTACT: Maren Weight, Social Security 
Administration, 5107 Leesburg Pike, Falls Church, VA 22041-3260, 703-
605-7100 for information about this final rule. For information on 
eligibility for filing for benefits, call our national toll-free 
number, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet 
site, Social Security Online, at http://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Over the past several years, one of our highest priorities has been 
to improve the efficiency of our hearing process for the Old Age, 
Survivors, and Disability Insurance (OASDI) programs under title II of 
the Social Security Act (Act) and the Supplemental Security Income 
(SSI) program under title XVI of the Act. We began a pilot program in 
July 2010 (75 FR 39154), under which the agency, rather than the ALJ, 
may set the time and place of the hearing under certain circumstances. 
Because we expect to continue to face significant challenges in dealing 
with the historically large number of hearing requests, we must 
maintain programs and policies that can provide us with the flexibility 
we need to improve the efficiency of our hearing process.
    When we published a final rule on July 8, 2010, authorizing the 
agency to set the time and place for a hearing before an ALJ, we 
explained that we

[[Page 41214]]

would implement our authority as a temporary pilot program. (75 FR 
39154). Therefore, we included in sections 404.936(h) and 416.1436(h) 
of the final rule a provision that the pilot program would end on 
August 9, 2013, unless we decided to either terminate the program 
earlier, or extend it beyond that date by publication of a final rule 
in the Federal Register. Most recently, on July 2, 2015, we extended 
the expiration date until August 12, 2016. (80 FR 37970).

Explanation of Extension

    During the pilot program, we tracked ALJ productivity closely, 
working with ALJs to addresss any concerns about our hearing process. 
We are continuing to work with ALJs who do not promptly schedule their 
hearings, and we are using a variety of authorties available to correct 
these situations. To date, our efforts have been largely successful. We 
are retaining this authority in our regulations to provide us with the 
flexibility we need to manage the hearing process appropriately.
    During this extension of the pilot program, we will continue to 
monitor the productivity of ALJs and to work with our ALJs to address 
any concerns regarding our hearing process. Accordingly, we are 
extending our authority to set the time and place for a hearing before 
an ALJ for another year, until August 11, 2017. As before, we reserve 
the authority to end the program earlier, or to extend it by publishing 
a final rule in the Federal Register.

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)). 
Generally, the APA requires that an agency provide prior notice and 
opportunity for public comment before issuing a final rule. 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)(3)(B)). This final rule only extends the date on which the pilot 
program will no longer be effective. It makes no substantive changes to 
our rules. Our current regulations expressly provide that we may extend 
the expiration date of the pilot program by notice of a final rule in 
the Federal Register. Therefore, we have determined that opportunity 
for prior comment is unnecessary, and we are issuing this rule as a 
final rule.
    In addition, for the reasons cited above, we find good cause for 
dispensing with the 30-day delay in the effective date of this final 
rule. (5 U.S.C. 553(d)(3)). We are not making any substantive changes 
in our rules. Without an extension of the expiration date for the pilot 
program, we will not have the flexibility we need to ensure the 
efficiency of our hearing process. Therefore, we find it is in the 
public interest to make this final rule effective on the publication 
date.

Executive Order 12866 as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB did not review 
the 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, Aged, Blind, Disability 
benefits, Public assistance programs, Reporting and recordkeeping 
requirements, Supplemental Security Income (SSI).

Carolyn W. Colvin,
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 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.  404.936, revise the second sentence in paragraph (i) to 
read as follows:


Sec.  404.936  Time and place for a hearing before an administrative 
law judge.

* * * * *
    (i) Pilot program. * * * These provisions will no longer be 
effective on August 11, 2017, 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 of part 416 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.  416.1436, revise the second sentence in paragraph (i) to 
read as follows:


Sec.  416.1436  Time and place for a hearing before an administrative 
law judge.

* * * * *
    (i) Pilot program. * * * These provisions will no longer be 
effective on August 11, 2017, unless we terminate them earlier or 
extend them beyond that date by notice of a final rule in the Federal 
Register.

[FR Doc. 2016-14974 Filed 6-23-16; 8:45 am]
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