Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18383 

AIRAC 

date State City Airport FDC No. FDC date Subject 

5–May–11 CQ Saipan Island ............ Francisco C. Ada/Saipan Intl ..... 1/3959 1/26/11 NDB/DME RWY 7, Amdt 3B 

5–May–11 GA Nashville .................... Berrien Co .................................. 1/4169 3/1/11 GPS RWY 10, Orig-A 

5–May–11 AK Kokhanok .................. Kokhanok ................................... 1/4286 1/27/11 RNAV (GPS) RWY 6, Orig 

5–May–11 AK Kokhanok .................. Kokhanok ................................... 1/4287 1/27/11 RNAV (GPS) RWY 24, Orig 

5–May–11 TN Knoxville .................... Mc Ghee Tyson ......................... 1/4376 3/1/11 ILS OR LOC RWY 5L, Amdt 8A 

5–May–11 NY Binghamton ............... Greater Binghamton/Edwin A 

Link Field.

1/4378 3/1/11 ILS RWY 16, Amdt 6C 

5–May–11 NJ Manville ..................... Central Jersey Rgnl ................... 1/4446 3/1/11 VOR A, Amdt 7 

5–May–11 OH Middletown ................ Middletown Regoinal/Hook Field 1/5662 3/14/11 NDB OR GPS A, Amdt 2C 

5–May–11 FL Tallahassee ............... Tallahassee Rgnl ....................... 1/5755 2/7/11 VOR RWY 18, AMDT 11A 

5–May–11 TX Sherman .................... Sherman Muni ............................ 1/6967 3/1/11 VOR/DME A, Orig-A 

5–May–11 GA Madison ..................... Madison Muni ............................. 1/7690 3/16/11 VOR/DME OR GPS A, Amdt 7A 

5–May–11 TX Hereford .................... Hereford Muni ............................ 1/9096 3/9/11 NDB RWY 20, Amdt 2 

[FR Doc. 2011–7613 Filed 4–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2009–0048] 

RIN 0960–AH05 

Extension of Sunset Date for Attorney 

Advisor Program 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are extending for 2 years 

our rule authorizing attorney advisors to 

conduct certain prehearing procedures 

and to issue fully favorable decisions. 

The current rule will expire on August 

10, 2011. In this final rule, we are 

extending the sunset date to August 9, 

2013. We are making no other 

substantive changes. 

DATES: This final rule is effective May 4, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Susan Swansiger, Social Security 

Administration, 5107 Leesburg Pike, 

Falls Church, VA 22041–3260, 703– 

605–8500 for information about this 

final rule. For information on eligibility 

or 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: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Background of the Attorney Advisor 

Program 

On August 9, 2007, we issued an 

interim final rule permitting some 

attorney advisors to conduct certain 

prehearing procedures. 72 FR 44763. We 

instituted this practice to enable us 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, issued the rule 

without change as a final rule. 73 FR 

11349. Under this rule, attorney 

advisors may develop claims and, in 

appropriate cases, issue fully favorable 

decisions. 

We included in §§ 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 

either to terminate the rule earlier or to 

extend it beyond that date by 

publication of a final rule in the Federal 

Register. On July 13, 2009, we 

published a final rule that extended the 

sunset date of the program until August 

10, 2011. 74 FR 33327. 

Explanation of Extension 

When we published the final rules 

reinstating the attorney advisor program 

in 2008, we discussed a variety of 

concerns about the program and stated 

that we intended to closely monitor it 

and make changes if it did not meet our 

expectations. 73 FR 11349, 11350, 

11351, and 11352. We have been 

monitoring the program, and it has met 

our expectations. 

The number of requests for hearings 

has continued to increase significantly 

in recent years, and we expect that these 

increases will continue. The attorney 

advisor program has proven to be an 

invaluable tool in our efforts to issue 

favorable decisions timely, decide cases 

efficiently, and reduce the number of 

claims pending at the hearing level, 

while maintaining accuracy in the 

decision-making process. Accordingly, 

we have decided to extend the attorney 

advisor rule for another 2 years, until 

August 9, 2013. As before, we are 

reserving the authority to end the 

program earlier or to extend it by 

publishing a final rule in the Federal 

Register. We also are adding additional 

technical references to §§ 404.942(f)(1) 

and 416.1442(f)(1) to make clear certain 

authorities attorney advisors have when 

they adjudicate claims under the 

attorney advisor program. 

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 

sunset date of an existing rule and adds 

cross-references. 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. 

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 

meet the criteria for a significant 

regulatory action under Executive Order 

12866 as supplemented by Executive 

Order 13563. Thus, OMB reviewed the 

final rule. 


sroberts on DSK69SOYB1PROD with RULES
18384 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities as 

it affects individuals only. Therefore, a 

regulatory flexibility analysis is not 

required under the Regulatory 

Flexibility Act, as amended. 

Paperwork Reduction Act 

This 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: March 29, 2011. 

Michael J. Astrue, 

Commissioner of Social Security. 

For the reasons stated in the 

preamble, we are revising 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] 

■ 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 paragraphs 

(f)(1) and (g) to read as follows: 

§ 404.942 Prehearing proceedings and 

decisions by attorney advisors. 

* * * * * 

(f) * * * 

(1) Authorize an attorney advisor to 

exercise the functions performed by an 

administrative law judge under 

§§ 404.1520a, 404.1526, 404.1527, and 

404.1546. 

* * * * * 

(g) Sunset provision. The provisions 

of this section will no longer be effective 

on August 9, 2013, 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 paragraphs 

(f)(1) and (g) to read as follows: 

§ 416.1442 Prehearing proceedings and 

decisions by attorney advisors. 

* * * * * 

(f) * * * 

(1) Authorize an attorney advisor to 

exercise the functions performed by an 

administrative law judge under 

§§ 416.920a, 416.924(g), 416.926, 

416.926a(n), 416.927, and 416.946. 

* * * * * 

(g) Sunset provision. The provisions 

of this section will no longer be effective 

on August 9, 2013, unless we terminate 

them earlier or extend them beyond that 

date by notice of a final rule in the 

Federal Register. 

[FR Doc. 2011–7898 Filed 4–1–11; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[TD 9520] 

RIN 1545–BG13 

Withdrawal of Regulations Related to 

Validity and Priority of Federal Tax 

Lien 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains final 

regulations related to the validity and 

priority of the Federal tax lien against 

certain persons under section 6323 of 

the Internal Revenue Code (the Code). 

The final regulations update the 

corresponding Treasury Regulations to 

reflect changes in the law and in IRS 

practice. 

DATES: Effective Date: These regulations 

are effective on April 4, 2011. 

Applicability Date: These regulations 

apply to any notice of Federal tax lien 

filed on or after April 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Debra A. Kohn at (202) 622–3600 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

This document contains final 

regulations that amend the Procedure 

and Administration Regulations (26 CFR 

part 301) under section 6323 of the 

Code. If any person liable for tax 

neglects or refuses to pay after demand, 

the amount of that tax is a lien in favor 

of the United States against all property 

and rights to property of such person 

under section 6321. Section 6323 

provides that a Federal tax lien is only 

valid against certain persons if a notice 

of Federal tax lien (NFTL) is filed and 

addresses generally the validity and 

priority of the Federal tax lien against 

such persons. Section 6323(b) and (c) 

addresses the protection of certain 

interests even though an NFTL has been 

filed. Section 6323(f) prescribes the 

place for filing and the form of an NFTL. 

Section 6323(g) addresses the refiling of 

an NFTL. Section 6323(h) contains 

definitions of certain terms used 

throughout section 6323. 

Since 1976, there have been 

numerous amendments to section 6323 

that are not reflected in the existing 

regulations. There have also been 

several changes to IRS practice that thus 

far have not been reflected in the 

regulations. On April 17, 2008, a notice 

of proposed rulemaking (REG–141998– 

06) to reflect these changes in law and 

practice was published in the Federal 

Register (73 FR 20877–01). No 

comments were received and no public 

hearing was requested or held. 

Accordingly, in this Treasury Decision, 

the proposed regulations are adopted 

substantially without change with the 

exception of one revision described in 

this preamble. 

Explanation of Revision 

Section 301.6323(g)–1(a) sets forth 

general principles pertaining to refiling 

NFTLs. Most NFTLs now contain a 

certificate of release that automatically 

becomes effective on the date prescribed 

in the NFTL, which is the date the 

required refiling period ends. Therefore, 

if an NFTL that contains a certificate of 


sroberts on DSK69SOYB1PROD with RULES