Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Rules and Regulations 10657 

1The interim final rules are available at http:// 

www.regulations.gov/#!documentDetail;D=SSA2011-0008-0001. 

from a medical source if we know from 

experience that the source either cannot 

or will not provide the necessary 

evidence. If we obtain medical evidence 

over the telephone, we will send the 

telephone report to the source for 

review, signature, and return; 

(2) We may request additional 

existing records (see § 416.912); 

(3) We may ask you to undergo a 

consultative examination at our expense 

(see §§ 416.917 through 416.919t); or 

(4) We may ask you or others for more 

information. 

(d) When there are inconsistencies in 

the evidence that we cannot resolve or 

when, despite efforts to obtain 

additional evidence, the evidence is 

insufficient to determine whether you 

are disabled, we will make a 

determination or decision based on the 

evidence we have. 

■ 13. Amend § 416.927 as follows: 

■ a. Revise paragraph (b); 

■ b. Remove paragraph (c); 

■ c. Redesignate paragraphs (d) through 

(f) as (c) through (e); 

■ d. In newly redesignated paragraph (c) 

introductory text remove ‘‘(d)(2)’’ and 

add in its place ‘‘(c)(2)’’; 

■ e. In newly redesignated paragraph 

(c)(2) introductory text remove ‘‘(d)(2)(i) 

and (d)(2)(ii)’’ and add in its place 

‘‘(c)(2)(i) and (c)(2)(ii)’’ and remove 

‘‘(d)(3) through (d)(6)’’ and add in its 

place ‘‘(c)(3) through (c)(6)’’; 

■ f. In newly redesignated paragraph 

(d)(3) remove ‘‘(e)(1) and (e)(2)’’ and add 

in its place ‘‘(d)(1) and (d)(2)’’; 

■ g. In newly redesignated paragraph (e) 

introductory text remove ‘‘(a) through 

(e)’’ and add in its place ‘‘(a) through 

(d)’’; 

■ h. In newly redesignated paragraph 

(e)(2)(ii) remove ‘‘(a) through (e)’’ and 

add in its place ‘‘(a) through (d)’’; and 

■ i. In newly redesignated paragraph 

(e)(2)(iii) remove ‘‘(a) through (e)’’ and 

add in its place ‘‘(a) through (d)’’, to 

read as follows: 

§ 416.927 Evaluating opinion evidence. 

* * * * * 

(b) How we consider medical 

opinions. In determining whether you 

are disabled, we will always consider 

the medical opinions in your case 

record together with the rest of the 

relevant evidence we receive. See 

§ 416.920b. 

* * * * * 

■ 14. Amend § 416.945 by revising the 

fifth sentence of paragraph (a)(3) to read 

as follows: 

§ 416.945 Your residual functional 

capacity. 

(a) * * * 

(3) * * * (See §§ 416.912(d) through 

(e).) * * * 

* * * * * 

[FR Doc. 2012–4177 Filed 2–22–12; 8:45 am] 

BILLING CODE 4191–02–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2011–0008] 

RIN 0960–AH29 

Protecting the Public and Our 

Employees in Our Hearing Process 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are clarifying our 

regulations to ensure the safety of the 

public and our employees in our 

hearing process. Due to increasing 

reports of threats to our hearing office 

employees, we are taking steps to 

explicitly increase the level of 

protection we provide to our staff and 

to the public during the hearing process. 

We expect these changes to result in a 

safer work environment for our 

employees, while at the same time 

ensuring that our claimants continue to 

receive a full and fair hearing on their 

claims for benefits. 

DATES: These final rules are effective 

February 23, 2012. 

FOR FURTHER INFORMATION CONTACT: Glen 

Colvin, Social Security Administration, 

5107 Leesburg Pike, Falls Church, VA 

22041–3260, 703–605–8444, 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: 

Background 

With one minor change, we are 

making final the rules protecting the 

public and our employees in our 

hearing process that we published as 

interim final rules in the Federal 

Register on March 14, 2011 (76 FR 

13506). The preamble to the interim 

final rules discussed the new rules and 

our reasons for proposing those 

additions. Interested readers may refer 

to the preamble to the interim final 

rules.1

Explanation of Changes 

We are revising our regulations at 

§§ 404.937 and 416.1437 to further 

describe when the Hearing Office Chief 

Administrative Law Judge will find a 

claimant or other individual poses a 

reasonable threat to the safety of our 

employees or other participants in the 

hearing. We are making these changes to 

respond to public comments we 

received. 

Public Comments on the Interim Final 

Rules 

In the interim final rules, we provided 

the public a 60-day comment period, 

which ended on May 13, 2011. We 

received three public comments. Since 

the comments were long, we have 

condensed, summarized, and 

paraphrased them. We summarized the 

commenters’ views and responded to 

the significant issues raised by the 

commenters that were within the scope 

of this rule. 

Comment: Two commenters wanted 

to make sure that the regulation 

consistently used the term ‘‘poses a 

threat’’ instead of any reference to ‘‘has 

made a threat’’ as the grounds for 

applying the regulation. 

Response: We expanded this section 

to clarify that the Hearing Office Chief 

Administrative Judge will find that an 

individual poses a threat if the 

individual either has made a threat and 

there is reasonable likelihood that the 

claimant or other individual could act 

on the threat, or if evidence suggests 

that the claimant or other individual 

poses a threat. 

Comment: Another commenter agreed 

with the goal of our interim final rules, 

but wanted to make sure that the 

regulation will not result in 

discrimination against claimants based 

on their disabilities, national origin, or 

primary language. 

Response: These regulations are 

designed to protect our employees and 

the public we serve regardless of their 

disabilities, national origin or primary 

language. Nothing in these regulations 

increases the likelihood of 

discrimination against any claimant or 

other individual based disability, 

national origin or primary language. 

Rather, the regulations focus solely on 

the conduct of the individual posing a 

threat and the consequences of such 

activity. 

Regulatory Procedures 

Executive Order 12866 as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 


bjneal on DSK4SPTVN1PROD with RULES
10658 Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Rules and Regulations 

determined that these final rules meet 

the criteria for a significant regulatory 

action under Executive Order 12866 as 

supplemented by Executive Order 

13563. Thus, OMB reviewed these final 

rules. 

Regulatory Flexibility Act 

We certify that these final rules will 

not have a significant economic impact 

on a substantial number of small entities 

as they affect individuals only. 

Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Paperwork Reduction Act 

These rules do not create any new or 

affect any existing collections and, 

therefore, do 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). 

Michael J. Astrue, 

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] 

■ 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. Amend § 404.937 by revising the 

second sentence of paragraph (b)(1) to 

read as follows: 

§ 404.937 Protecting the safety of the 

public and our employees in our hearing 

process. 

* * * * * 

(b)(1) * * * The Hearing Office Chief 

Administrative Law Judge will find that 

a claimant or other individual poses a 

threat to the safety of our employees or 

other participants in the hearing when 

he or she determines that the individual 

has made a threat and there is a 

reasonable likelihood that the claimant 

or other individual could act on the 

threat or when evidence suggests that a 

claimant or other individual poses a 

threat. * * * 

* * * * * 

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. Amend § 416.1437 by revising the 

second sentence of paragraph (b)(1) to 

read as follows: 

§ 416.1437 Protecting the safety of the 

public and our employees in our hearing 

process. 

* * * * * 

(b)(1) * * * The Hearing Office Chief 

Administrative Law Judge will find that 

a claimant or other individual poses a 

threat to the safety of our employees or 

other participants in the hearing when 

he or she determines that the individual 

has made a threat and there is a 

reasonable likelihood that the claimant 

or other individual could act on the 

threat or when evidence suggests that a 

claimant or other individual poses a 

threat. * * * 

* * * * * 

[FR Doc. 2012–4178 Filed 2–22–12; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1 

[Docket No. FDA–2002–N–0153] (Formerly 

Docket No. 2002N–0277) 

RIN 0910–AG73 

Establishment, Maintenance, and 

Availability of Records: Amendment to 

Record Availability Requirements 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending its 

regulations on establishment, 

maintenance, and availability of 

records. FDA is issuing this interim 

final rule (IFR) to amend FDA’s 

regulation on the record availability 

requirements to implement the 

amendments to the Federal Food, Drug, 

and Cosmetic Act (the FD&C Act) made 

by the FDA Food Safety Modernization 

Act (FSMA). The FSMA amendment 

expands FDA’s former records access 

authority beyond records relating to the 

specific suspect article of food to 

records relating to any other article of 

food that the Secretary of Health and 

Human Services (the Secretary) 

reasonably believes is likely to be 

affected in a similar manner. In 

addition, the FSMA amendment permits 

FDA to access records relating to articles 

of food for which the Secretary believes 

that there is a reasonable probability 

that the use of or exposure to the article 

of food, and any other article of food 

that the Secretary reasonably believes is 

likely to be affected in a similar manner, 

will cause serious adverse health 

consequences or death to humans or 

animals. This expanded records access 

authority will further help improve 

FDA’s ability to respond to, and further 

contain threats of serious adverse health 

consequences or death to humans or 

animals. 

DATES: Effective date: This interim final 

rule is effective March 1, 2012. 

Comment date: Interested persons 

may submit either electronic or written 

comments on this interim final rule by 

May 23, 2012. 

FOR FURTHER INFORMATION CONTACT: 

William A. Correll, Jr., Office of 

Compliance (HFS–607), Center for Food 

Safety and Applied Nutrition, Food and 

Drug Administration, 5100 Paint Branch 

Pkwy., College Park, MD 20740, 240– 

402–1611. 


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