6170 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 

1http://www.gpo.gov/fdsys/pkg/FR-2015-10-21/

pdf/2015-26747.pdf 

Accordingly, 12 CFR part 339 is 

corrected by making the following 

amendments: 

PART 339—LOANS IN AREAS HAVING 

SPECIAL FLOOD HAZARDS 

■ 1. The authority citation for part 339 

is added to read as follows: 

Authority: 12 U.S.C. 1462a, 1463, 1464, 

1819 (Tenth), 5412(b)(2)(C) and 42 U.S.C. 

4012a, 4104a, 4104b, 4106, and 4128. 

■ 2. Revise the definition of ‘‘FDICsupervised institution’’ in § 339.2 to 

read as follows: 

§ 339.2 Definitions. 

* * * * * 

FDIC-supervised institution means 

any insured depository institution for 

which the Federal Deposit Insurance 

Corporation is the appropriate Federal 

banking agency pursuant to section 3(q) 

of the Federal Deposit Insurance Act, 12 

U.S.C. 1813(q). 

* * * * * 

Dated: February 2, 2016. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2016–02236 Filed 2–4–16; 8:45 am] 

BILLING CODE 6714–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2013–0061] 

RIN 0960–AH64 

Returning Evidence at the Appeals 

Council Level 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: This final rule adopts the 

notice of proposed rulemaking (NPRM) 

that we published in the Federal 

Register on October 21, 2015. This final 

rule revises our rules regarding 

returning evidence at the Appeals 

Council (AC) level. Under this final 

rule, the AC will no longer return 

additional evidence it receives when the 

AC determines the additional evidence 

does not relate to the period on or before 

the date of the administrative law judge 

(ALJ) decision. 

DATES: Effective Date: This final rule is 

effective February 5, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Maren Weight, Office of Appellate 

Operations, Social Security 

Administration, 5107 Leesburg Pike, 

Falls Church, VA 22041, 703–605–7100. 

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: This final 

rule adopts the NPRM that we 

published in the Federal Register on 

October 21, 2015.1

Background 

In the NPRM, we provided a 30-day 

comment period, which ended on 

November 20, 2015. We received no 

comments. We explained our reasons 

for proposing the rule which we are 

now adopting as a final rule in the 

preamble to the NPRM (80 FR at 63718– 

63719), and we incorporate that 

discussion here. 

Regulatory Procedures 

Good Cause for Effective Date 

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). 

For the reasons discussed in the 

preamble to the NPRM, we are making 

a minor change to our current rules by 

discontinuing the practice of having the 

AC return additional evidence that it 

receives when the AC determines the 

additional evidence does not relate to 

the period on or before the date of the 

ALJ’s decision. We now use many 

electronic services that make the 

practice of returning evidence 

unnecessary. For example, we now scan 

most of the medical evidence into the 

electronic claim(s) file or appointed 

representatives submit it through our 

Electronic Records Express system. This 

technology immediately uploads 

records into a claimant’s electronic 

folder, making the records available for 

review in real time. As a result, it is 

neither administratively efficient nor 

cost effective for us to print out 

documents that have been submitted to 

us electronically by a claimant or 

appointed representative in order to 

return them to the claimant. 

The change we are making in this 

final rule will allow us to better utilize 

our limited administrative resources. 

For these reasons, we find that it is 

unnecessary and contrary to the public 

interest to delay the effective date of our 

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 not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866 as supplemented by Executive 

Order 13563. Thus, 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 applies to individuals only. 

Thus, a regulatory flexibility analysis is 

not required under the Regulatory 

Flexibility Act, as amended. 

Paperwork Reduction Act 

These Final 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; and 

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 set forth in the 

preamble, we amend 20 CFR chapter III, 

part 404 and part 416, as set forth 

below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart J—Determinations, 

Administrative Review Process, and 

Reopening of Determinations and 

Decisions 

■ 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)– 


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Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Rules and Regulations 6171 

(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 § 404.976, revise paragraph (b)(1) 

to read as follows: 

§ 404.976 Procedures before Appeals 

Council on review. 

* * * * * 

(b) * * * (1) The Appeals Council 

will consider all the evidence in the 

administrative law judge hearing record 

as well as any new and material 

evidence submitted to it that relates to 

the period on or before the date of the 

administrative law judge hearing 

decision. If you submit evidence that 

does not relate to the period on or before 

the date of the administrative law judge 

hearing decision, the Appeals Council 

will explain why it did not accept the 

additional evidence and will advise you 

of your right to file a new application. 

The notice will also advise you that if 

you file a new application within 6 

months after the date of the Appeals 

Council’s notice, your request for review 

will constitute a written statement 

indicating an intent to claim benefits in 

accordance with § 404.630. If you file a 

new application within 6 months of the 

date of this notice, we will use the date 

of the request for review as the filing 

date for your application. 

* * * * * 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart N—Determinations, 

Administrative Review Process, and 

Reopening of Determinations and 

Decisions 

■ 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). 

■ 4. In § 416.1476, revise paragraph 

(b)(1) to read as follows: 

§ 416.1476 Procedures before Appeals 

Council on review. 

* * * * * 

(b) * * * (1) In reviewing decisions 

based on an application for benefits, the 

Appeals Council will consider the 

evidence in the administrative law 

judge hearing record as well as any new 

and material evidence submitted to it 

that relates to the period on or before 

the date of the administrative law judge 

hearing decision. If you submit evidence 

that does not relate to the period on or 

before the date of the administrative law 

judge hearing decision, the Appeals 

Council will explain why it did not 

accept the additional evidence and will 

advise you of your right to file a new 

application. The notice will also advise 

you that if you file a new application 

within 60 days after the date of the 

Appeals Council’s notice, your request 

for review will constitute a written 

statement indicating an intent to claim 

benefits in accordance with § 416.340. If 

you file a new application within 60 

days of the date of this notice, we will 

use the date of the request for review as 

the filing date for your application. 

* * * * * 

[FR Doc. 2016–02267 Filed 2–4–16; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–421F] 

Schedules of Controlled Substances: 

Temporary Placement of the Synthetic 

Cannabinoid MAB-CHMINACA Into 

Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Final order. 

SUMMARY: The Administrator of the Drug 

Enforcement Administration is issuing 

this final order to temporarily schedule 

the synthetic cannabinoid N-(1-amino3,3-dimethyl-1-oxobutan-2-yl)-1- 

(cyclohexylmethyl)-1H-indazole-3- 

carboxamide (common names, MABCHMINACA and ADB-CHMINACA), 

and its optical, positional, and 

geometric isomers, salts, and salts of 

isomers into schedule I pursuant to the 

temporary scheduling provisions of the 

Controlled Substances Act. This action 

is based on a finding by the 

Administrator that the placement of this 

synthetic cannabinoid into schedule I of 

the Controlled Substances Act is 

necessary to avoid an imminent hazard 

to the public safety. As a result of this 

order, the regulatory controls and 

administrative, civil, and criminal 

sanctions applicable to schedule I 

controlled substances will be imposed 

on persons who handle (manufacture, 

distribute, reverse distribute, import, 

export, engage in research, conduct 

instructional activities or chemical 

analysis, or possess), or propose to 

handle, MAB-CHMINACA. 

DATES: This final order is effective 

February 5, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Barbara J. Boockholdt, Office of 

Diversion Control, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (202) 598–6812. 

SUPPLEMENTARY INFORMATION: 

Legal Authority 

The Drug Enforcement 

Administration (DEA) implements and 

enforces titles II and III of the 

Comprehensive Drug Abuse Prevention 

and Control Act of 1970, as amended. 

Titles II and III are referred to as the 

‘‘Controlled Substances Act’’ and the 

‘‘Controlled Substances Import and 

Export Act,’’ respectively, and are 

collectively referred to as the 

‘‘Controlled Substances Act’’ or the 

‘‘CSA’’ for the purpose of this action. 21 

U.S.C. 801–971. The DEA publishes the 

implementing regulations for these 

statutes in title 21 of the Code of Federal 

Regulations (CFR), chapter II. The CSA 

and its implementing regulations are 

designed to prevent, detect, and 

eliminate the diversion of controlled 

substances and listed chemicals into the 

illicit market while ensuring an 

adequate supply is available for the 

legitimate medical, scientific, research, 

and industrial needs of the United 

States. Controlled substances have the 

potential for abuse and dependence and 

are controlled to protect the public 

health and safety. 

Under the CSA, every controlled 

substance is classified into one of five 

schedules based upon its potential for 

abuse, its currently accepted medical 

use in treatment in the United States, 

and the degree of dependence the drug 

or other substance may cause. 21 U.S.C. 

812. The initial schedules of controlled 

substances established by Congress are 

found at 21 U.S.C. 812(c), and the 

current list of all scheduled substances 

is published at 21 CFR part 1308. 

Section 201 of the CSA, 21 U.S.C. 811, 

provides the Attorney General with the 

authority to temporarily place a 

substance into schedule I of the CSA for 

two years without regard to the 

requirements of 21 U.S.C. 811(b) if she 

finds that such action is necessary to 

avoid an imminent hazard to the public 

safety. 21 U.S.C. 811(h)(1). In addition, 

if proceedings to control a substance are 

initiated under 21 U.S.C. 811(a)(1), the 

Attorney General may extend the 

temporary scheduling for up to one 

year. 21 U.S.C. 811(h)(2). 

Where the necessary findings are 

made, a substance may be temporarily 

scheduled if it is not listed in any other 

schedule under section 202 of the CSA, 

21 U.S.C. 812, or if there is no 

exemption or approval in effect for the 

substance under section 505 of the 

Federal Food, Drug, and Cosmetic Act 


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