Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 711 

1Our budget estimates indicate that we expect to 

receive approximately 645,000 hearing requests in 

fiscal year 2018 (available at: https://www.ssa.gov/ 

budget/FY18Files/2018BO.pdf). 

engines and related items for vessels of 

war, see ECCN 9A619. 

Related Definitions: N/A. 

Items: 

a. Surface vessels of war ‘‘specially 

designed’’ for a military use and not 

enumerated or otherwise described in the 

USML. 

Note 1: 8A609.a includes: (i) Underway 

replenishment ships; (ii) surface vessel and 

submarine tender and repair ships, except 

vessels that are ‘‘specially designed’’ to 

support naval nuclear propulsion plants; (iii) 

non-submersible submarine rescue ships; (iv) 

other auxiliaries (e.g., AGDS, AGF, AGM, 

AGOR, AGOS, AH, AP, ARL, AVB, AVM, and 

AVT); (v) amphibious warfare craft, except 

those that are armed; and (vi) unarmored 

and unarmed coastal, patrol, roadstead, and 

Coast Guard and other patrol craft with 

mounts or hard points for firearms of .50 

caliber or less. 

Note 2: For purposes of paragraph .a, 

surface vessels of war includes vessels 

‘‘specially designed’’ for military use that are 

not identified in paragraph (a) of ITAR 

§ 121.15, including any demilitarized vessels, 

regardless of origin or designation, 

manufactured prior to 1950 and that have 

not been modified since 1949. For purposes 

of this note, the term modified does not 

include incorporation of safety features 

required by law, cosmetic changes (e.g., 

different paint), or the addition of ‘‘parts’’ or 

‘‘components’’ available prior to 1950. 

b. Non-magnetic diesel engines with a 

power output of 50 hp or more and either of 

the following: 

b.1. Non-magnetic content exceeding 25% 

of total weight; or 

b.2. Non-magnetic parts other than 

crankcase, block, head, pistons, covers, end 

plates, valve facings, gaskets, and fuel, 

lubrication and other supply lines. 

c. through w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 8A609 (except 

for 8A609.y) or a defense article enumerated 

or otherwise described in USML Category VI 

and not specified elsewhere on the USML, in 

8A609.y or 3A611.y. 

Note 1: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacturing where they are clearly 

identifiable by mechanical properties, 

material composition, geometry, or function 

as commodities controlled by ECCN 8A609.x 

are controlled by ECCN 8A609.x. 

Note 2: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ specified in 

USML subcategory VI(f) are subject to the 

controls of that paragraph. ‘‘Parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ specified in ECCN 8A609.y 

are subject to the controls of that paragraph. 

y. Specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN or for a defense article in USML 

Category VI and not elsewhere specified in 

the USML, as follows, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor: 

y.1. Public address (PA) systems; 

y.2. Filters and filter assemblies, hoses, 

lines, fittings, couplings, and brackets for 

pneumatic, hydraulic, oil and fuel systems; 

y.3. Galleys; 

y.4. Lavatories; 

y.5. Magnetic compass, magnetic azimuth 

detector; 

y.6. Medical facilities; 

y.7. Potable water tanks, filters, valves, 

hoses, lines, fittings, couplings, and brackets; 

y.8. Panel knobs, indicators, switches, 

buttons, and dials whether unfiltered or 

filtered for use with night vision imaging 

systems; 

y.9. Emergency lighting; 

y.10. Gauges and indicators; 

y.11. Audio selector panels. 

Dated: January 2, 2018. 

Karen H. Nies-Vogel, 

Director, Office of Exporter Services. 

[FR Doc. 2018–00059 Filed 1–5–18; 8:45 am] 

BILLING CODE–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2017–0062] 

RIN 0960–AI26 

Extension of Sunset Date for Attorney 

Advisor Program 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are extending for six 

months our rule authorizing attorney 

advisors to conduct certain prehearing 

proceedings and to issue fully favorable 

decisions. The current rule is scheduled 

to expire on February 5, 2018. In this 

final rule, we are extending the sunset 

date to August 3, 2018. We are making 

no other substantive changes. 

DATES: This final rule is effective 

January 8, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Susan Swansiger, Office of Hearings 

Operations, Social Security 

Administration, 5107 Leesburg Pike, 

Falls Church, VA 22041, (703) 605– 

8500. For information on eligibility or 

filing for benefits, call our national tollfree number, 800–772–1213 or TTY 

800–325–0778, or visit our internet site, 

Social Security Online, at http://

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background of the Attorney Advisor 

Program 

On August 9, 2007, we issued an 

interim final rule permitting some 

attorney advisors to conduct certain 

prehearing proceedings and issue fully 

favorable decisions when the 

documentary record warrants doing so. 

72 FR 44763. We instituted this practice 

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, we issued a final rule 

without change. 73 FR 11349. Under 

this rule, some attorney advisors may 

develop claims and, in appropriate 

cases, issue fully favorable decisions 

before a hearing. 

We originally intended the attorney 

advisor program to be a temporary 

modification to our procedures. 

Therefore, we included in sections 

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 to either terminate 

the rule earlier or extend it beyond that 

date by publication of a final rule in the 

Federal Register. Since that time, we 

have periodically extended the sunset 

date (see 74 FR 33327 extending to 

August 10, 2011; 76 FR 18383 extending 

to August 9, 2013; 78 FR 45459 

extending to August 7, 2015; and 80 FR 

31990 extending to August 4, 2017). As 

we noted above, the current sunset date 

for the program is February 5, 2018. 82 

FR 34400. 

Explanation of Extension 

We published the final rule to adopt 

without change the interim final rule 

that we published on August 9, 2007. 

We stated our intent to monitor the 

program closely and to modify it if it 

did not meet our expectations. 73 FR 

11349. 

We explained in the 2008 final rule 

that the number of requests for hearings 

had increased significantly in recent 

years. From 2008 to the present, the 

number of pending hearing requests has 

continued to remain at a high level, and 

we anticipate that we will receive 

several hundred thousand hearing 

requests in fiscal year 2018.1 We are 

extending the program at this time 

while we continue to consider our 

options with respect to the program. 

To preserve the maximum degree of 

flexibility we need to manage our 

hearings-level workloads effectively, we 

have decided to extend the attorney 

advisor rule for six months until August 

3, 2018. As before, we reserve the 

authority to end the program earlier, to 


jstallworth on DSKBBY8HB2PROD with RULES
712 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 

extend it by publishing a final rule in 

the Federal Register, or to discontinue 

it altogether. 

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 

expiration date of an existing rule. 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. 

In addition, because we are not 

making any substantive changes to the 

existing rule, we find that there is good 

cause for dispensing with the 30-day 

delay in the effective date of a 

substantive rule provided by 5 U.S.C. 

553(d)(3). To ensure that we have 

uninterrupted authority to use attorney 

advisors to address the number of 

pending cases at the hearing level, we 

find that it is in the public interest to 

make this final rule effective on the date 

of publication. 

Executive Order 12866 as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

although we do not believe that this will 

be a significant regulatory action under 

Executive Order (E.O.) 12866, as 

supplemented by E.O. 13563, OMB has 

reviewed this 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 

This final 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: December 28, 2017. 

Nancy A. Berryhill, 

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 

Chapter III 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 paragraph (g) to 

read as follows: 

§ 404.942 Prehearing proceedings and 

decisions by attorney advisors. 

* * * * * 

(g) Sunset provision. The provisions 

of this section will no longer be effective 

on August 3, 2018, 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 paragraph (g) 

to read as follows: 

§ 416.1442 Prehearing proceedings and 

decisions by attorney advisors. 

* * * * * 

(g) Sunset provision. The provisions 

of this section will no longer be effective 

on August 3, 2018, unless we terminate 

them earlier or extend them beyond that 

date by notice of a final rule in the 

Federal Register. 

[FR Doc. 2018–00058 Filed 1–5–18; 8:45 am] 

BILLING CODE 4191–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 122 and 123 

[EPA–HQ–OW–2016–0376; FRL–9972–51– 

OW] 

RIN 2040–AF67 

Public Notification Requirements for 

Combined Sewer Overflows to the 

Great Lakes Basin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a rule to 

implement section 425 of the 

Consolidated Appropriations Act of 

2016, which requires EPA to work with 

the Great Lakes States to establish 

public notification requirements for 

combined sewer overflow (CSO) 

discharges to the Great Lakes. The 

requirements address signage, 

notification of local public health 

departments and other potentially 

affected public entities, notification to 

the public, and annual notice. The rule 

includes a two-stage approach with 

requirements that apply directly to 

existing National Pollutant Discharge 

Elimination System (NPDES) permittees 

authorized to discharge from a CSO to 

the Great Lakes Basin, beginning on 

August 7, 2018 and a requirement that 

the public notification provisions be 

incorporated into NPDES permits when 

these permits are issued or reissued 

after February 7, 2018, unless the permit 

has been proposed prior to February 7, 

2018 in which case the requirements 

would be incorporated into the next 

permit renewal. This rule protects 

public health by ensuring timely 

notification to the public and to public 

health departments, public drinking 


jstallworth on DSKBBY8HB2PROD with RULES