19008 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Proposed Rules

Administrator has made a commitment

to establish stronger partnerships with

the individuals, businesses, and other

entities that government regulations

impact. To fulfill this commitment, the

FAA has planned a series of forums

throughout the United States in which

the Administrator and Deputy

Administrator will listen to the

regulated community, the traveling

public, and the people responsible for

ensuring compliance so that they can

work together to achieve compliance. As

indicated in the planned agenda, the

first portion of the May 18 meeting will

be an open forum with the

Administrator and Deputy

Administrator. Interested persons may

comment on a variety of issues

important to them. The FAA would be

particularly interested in hearing what

actions in our mutual relationship work

well and which ones do not.

Following the forum with the

Administrator and Deputy

Administrator, the FAA will conduct a

public meeting, beginning at 1:00 p.m.,

on the recently published commuter

proposed rule. Comments from the

public on this meeting should be

directed specifically to the proposed

rule.

The notice of proposed rulemaking

was published in the Federal Register

on March 29, 1995. If adopted, the

proposed rule would require certain

commuter operators that now conduct

operations under part 135 to conduct

those operations under part 121. The

commuter operators that would be

affected are those part 135 operators

conducting scheduled passengercarrying operations in airplanes that

have a passenger-seating configuration

of 10 to 30 seats and those conducting

scheduled passenger-carrying

operations in turbojets regardless of

seating configuration. The proposed rule

would revise the requirements

concerning operating certificates and

operations specifications. The rule

would also propose certain management

officials for all operators under parts

121 and 135.

The closing date for comments on the

proposal is June 27, 1995. To give the

public an additional opportunity to

comment on the proposed rule the FAA

is planning this public meeting. Other

meetings may be planned at various

locations.

Persons interested in obtaining a copy

of the proposed commuter rule should

contact Linda Williams at the address or

telephone number provided in FOR

FURTHER INFORMATION CONTACT.

Participation at the Public Meeting on

the Commuter NPRM

Requests from persons who wish to

present oral statements at the public

meeting on the commuter NPRM should

be received by the FAA no later than

May 5, 1995. Such requests should be

submitted to Linda Williams as listed in

the section titled FOR FURTHER

INFORMATION CONTACT and should

include a written summary of oral

remarks to be presented and estimated

time needed for the presentation.

Requests received after the date

specified above will be scheduled if

time is available during the meeting;

however, the name of those individuals

may not appear on the written agenda.

The FAA will prepare an agenda of

speakers that will be available at the

meeting. To accommodate as many

speakers as possible, the amount of time

allocated to each speaker may be less

than the amount of time requested.

Public Meeting Procedures

The following procedures are

established to facilitate the public

meeting on the commuter NPRM:

1. There will be no admission fee or

other charge to attend or to participate

in the public meeting. The meeting will

be open to all persons who have

requested in advance to present

statements or who register on the day of

the meeting (between 12:30 p.m. and

1:00 p.m.) subject to availability of

space in the meeting room.

2. The public meeting may adjourn

early if scheduled speakers complete

their statements in less time than

currently is scheduled for the meeting.

3. The FAA will try to accommodate

all speakers; therefore, it may be

necessary to limit the time available for

an individual or group.

4. Participants should address their

comments to the panel. No individual

will be subject to cross-examination by

any other participant.

5. Sign and oral interpretation can be

made available at the meeting, as well

as an assistive listening device, if

requested 10 calendar days before the

meeting.

6. Representatives of the FAA will

conduct the public meeting. A panel of

FAA personnel involved in this issue

will be present.

7. The meeting will be recorded by a

court reporter. A transcript of the

meeting and any material accepted by

the panel during the meeting will be

included in the public docket (Docket

No. 28154). Any person who is

interested in purchasing a copy of the

transcript should contact the court

reporter directly. This information will

be available at the meeting.

8. The FAA will review and consider

all material presented by participants at

the public meeting. Position papers or

material presenting views or

information related to the proposed

NPRM may be accepted at the discretion

of the presiding officer and

subsequently placed in the public

docket. The FAA requests that persons

participating in the meeting provide 10

copies of all materials to be presented

for distribution to the panel members;

other copies may be provided to the

audience at the discretion of the

participant.

9. Statements made by members of the

public meeting panel are intended to

facilitate discussion of the issues or to

clarify issues. Because the meeting

concerning the commuter NPRM is

being held during the comment period,

final decisions concerning issues that

the public may raise cannot be made at

the meeting. FAA officials will,

however, ask questions to clarify

statements made by the public and to

ensure a complete and accurate record.

Comments made at this public meeting

will be considered by the FAA when

deliberations begin concerning whether

to adopt any or all of the proposed rules.

10. The meeting is designed to solicit

public views and more complete

information on the proposed rule.

Therefore, the meeting will be

conducted in an informal and

nonadversarial manner.

Issued in Washington, DC, on April 11,

1995.

Thomas C. Accardi,

Director, Flight Standards Service.

[FR Doc. 95–9387 Filed 4–12–95; 1:17 pm]

BILLING CODE 4910–13–M

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

RIN 0960–AE10

Administrative Review Process,

Prehearing Proceedings and Decisions

by Attorney Advisors

AGENCY: Social Security Administration.

ACTION: Proposed rule.

SUMMARY: We propose to amend our

regulations to provide, on a temporary

basis, that in claims for Social Security

or Supplemental Security Income (SSI)

benefits based on disability, attorney

advisors in our Office of Hearings and

Appeals (OHA) will have authority to

conduct certain prehearing proceedings,

and where the record developed as a

result of these proceedings warrants, to
Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Proposed Rules 19009

issue decisions that are wholly favorable

to the parties to the hearing.

Because requests for an administrative

law judge (ALJ) hearing have increased

dramatically in recent years, and cases

pending in our hearing offices have

reached unprecedented levels, we have

taken a number of actions designed to

help us hear and decide these cases

more efficiently. The rules we are

proposing in this notice of proposed

rulemaking are an important part of our

efforts in this regard.

DATES: To be sure that your comments

are considered, we must receive them

no later than May 15, 1995.

ADDRESSES: Comments should be

submitted in writing to the

Commissioner of Social Security, P.O.

Box 1585, Baltimore, Maryland 21235,

sent by telefax to (410) 966–2830, sent

by E-mail to ‘‘regulations@ssa.gov’’, or

delivered to the Division of Regulations

and Rulings, Social Security

Administration, 3–A–3 Operations

Building, 6401 Security Boulevard,

Baltimore, Maryland 21235, between

8:00 a.m. and 4:30 p.m. on regular

business days. Comments received may

be inspected during these same hours by

making arrangements with the contact

person shown below. The electronic file

of this document is available on the

Federal Bulletin Board (FBB) at 9:00

a.m. on the date of publication in the

Federal Register. To download the file,

modem dial (202) 512–1387. The FBB

instructions will explain how to

download the file and the fee. This file

is in Wordperfect and will remain on

the FBB during the comment period.

FOR FURTHER INFORMATION CONTACT:

Harry J. Short, Legal Assistant, Division

of Regulations and Rulings, Social

Security Administration, Social Security

Boulevard, Baltimore, Maryland 21235,

(410) 965–6243.

SUPPLEMENTARY INFORMATION:

Background

The Social Security Administration

(SSA) decides claims for Social Security

benefits under title II of the Social

Security Act (the Act) and for SSI

benefits under title XVI of the Act in an

administrative review process that

generally consists of four steps.

Claimants who are not satisfied with the

initial determination we make on a

claim may request reconsideration.

Claimants who are not satisfied with our

reconsidered determination may request

a hearing before an ALJ, and claimants

who are dissatisfied with an ALJ’s

decision may request review by the

Appeals Council. Claimants who have

completed these steps, and who are not

satisfied with our final decision, may

request judicial review of the decision

in the Federal courts.

Generally, when a claim is filed for

Social Security or SSI benefits based on

disability, a State agency makes the

initial and reconsideration disability

determination for us. A hearing

requested after we have made a

reconsideration determination is

conducted by an ALJ in one of the 132

hearing offices we have nationwide.

Applications for Social Security and

SSI benefits based on disability have

risen dramatically in recent years. The

number of new disability claims SSA

received in Fiscal Year (FY) 1994—3.56

million—represented a 40 percent

increase over the number received in FY

1990. Requests for an ALJ hearing also

have increased dramatically. In FY

1994, our hearing offices had almost

540,000 hearing receipts and most of

these were related to requests for a

hearing filed by persons claiming

disability benefits. In that year, the

number of hearing receipts we received

exceeded the number of receipts we

received in FY 1990 by more than 70

percent.

Despite management initiatives that

resulted in a record increase in ALJ

productivity in FY 1994, and the hiring

of more than 200 new ALJs and more

than 800 new support staff in that year,

the number of cases pending in our

hearing offices has reached

unprecedented levels—more than

480,000 at the end of FY 1994.

On September 19, 1994, the

Commissioner of Social Security

published a Plan for a New Disability

Claim Process in the Federal Register

(59 FR 47887). That document sets forth

our long term plans for redesigning and

fundamentally improving the overall

disability claim process. On a separate

track from that longer term plan, we

have developed short term initiatives to

reduce the number of cases pending in

our hearing offices. As part of our short

term disability process improvements,

we are issuing this notice of proposed

rulemaking (NPRM) regarding a

temporary change in our administrative

review procedures.

Under the proposed rule, attorney

advisors would conduct certain

prehearing proceedings and, where

appropriate, issue decisions that are

wholly favorable to the claimant and

any other party to the hearing. We are

proposing that this procedure remain in

effect for a period of time not to exceed

two years from the effective date of a

final rule authorizing the procedure

unless the rule is extended by the

Commissioner of Social Security by

publication of a final rule in the Federal

Register.

Regulatory Provisions

We propose to add new §§ 404.942

and 416.1442 to our regulations to

authorize attorney advisors in OHA to

conduct certain prehearing proceedings

and, where appropriate, make decisions

based on the documentary record that

are wholly favorable to the parties. Our

purpose in proposing these regulations

is to expedite the processing of cases

pending at OHA without infringing on

the right of a claimant to a hearing

before an ALJ.

The authority of an attorney advisor

to conduct prehearing proceedings and

to make decisions would be temporary,

and it would apply only in the limited

circumstances described below. Also,

the attorney advisor’s conduct of certain

prehearing proceedings would not delay

the scheduling of a hearing before an

ALJ. If the prehearing proceedings were

not concluded before the hearing date,

the case would be sent to the ALJ unless

a decision wholly favorable to the

claimant and all other parties was in

process, or the claimant and all other

parties to the hearing agreed in writing

to delay the hearing until the prehearing

proceedings are completed.

Prehearing proceedings could be

conducted by the attorney advisor under

the proposed rule if new and material

evidence is submitted; there is an

indication that additional evidence is

available; there is a change in the law

or regulations; or there is an error in the

file or some other indication that a

wholly favorable decision could be

issued. A decision by an attorney

advisor would be mailed to all parties.

The notice of decision would state the

basis for the decision and advise the

parties that an ALJ will dismiss the

hearing request unless a request to

proceed with the hearing was made by

a party within 30 days after the date the

notice of the decision was mailed.

We believe that these temporary

procedures will enable us to manage our

pending hearing requests in a more

timely manner. They also may provide

information that can help us better

identify cases that can be decided

without a hearing before an ALJ and

improve our ability to narrow the issues

that must be resolved before a decision

can be made.

In view of the salutary effect we

expect the rules to have on our ability

to improve our service to claimants, and

the importance we place on ensuring

that we adjudicate claims timely and

accurately, we are providing a 30-day

comment period for these rules rather

than the 60-day comment period we

usually provide. We believe that in this

instance a 30-day period is sufficiently
19010 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Proposed Rules

long to allow the public a meaningful

opportunity to comment on the

proposed rules, in accordance with

Executive Order 12866.

Regulatory Procedures

Executive Order No. 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that this rule does not meet

the criteria for a significant regulatory

action under Executive Order 12866.

Thus, the rule is not subject to OMB

review.

Regulatory Flexibility Act

We certify that these regulations will

not have a significant economic impact

on a substantial number of small entities

because they affect only individuals.

Therefore, a regulatory flexibility

analysis as provided in Pub. L. 96–354,

the Regulatory Flexibility Act, is not

required.

Paperwork Reduction Act

These regulations impose no new

reporting or recordkeeping requirements

requiring OMB clearance.

(Catalog of Federal Domestic Assistance

Program Nos. 93.802, Social SecurityDisability Insurance; 93.807, Supplemental

Security Income)

List of Subjects

20 CFR Part 404

Administrative practice and

procedure, Death benefits, 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,

Supplemental Security Income (SSI),

Reporting and recordkeeping

requirements.

Dated: April 5, 1995.

Shirley S. Chater,

Commissioner of Social Security.

For the reasons set out in the

preamble, subpart J of part 404 and

subpart N of part 416 of chapter III of

title 20 of the Code of Federal

Regulations are amended as set forth

below:

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE (1950– )

1. The authority citation for subpart J

of part 404 continues to read as follows:

Authority: Secs. 201(j), 205 (a), (b), and

(d)–(h), 221(d), 225 and 1102 of the Social

Security Act; 31 U.S.C. 3720A; 42 U.S.C.

401(j), 405 (a), (b), and (d)–(h), 421(d), 425

and 1302; sec. 5 of Pub. L. 97–455, 96 Stat.

2500; sec. 6 of Pub. L. 98–460, 98 Stat. 1802.

2. New § 404.942 is added under the

undesignated center heading ‘‘Hearing

Before an Administrative Law Judge’’ to

read as follows:

§ 404.942 Prehearing proceedings and

decisions by attorney advisors.

(a) General. After a hearing is

requested but before it is held, an

attorney advisor in our Office of

Hearings and Appeals may conduct

prehearing proceedings as set out in

paragraph (c) of this section. If upon the

completion of these proceedings, a

decision that is wholly favorable to you

and all other parties may be made, an

attorney advisor, instead of an

administrative law judge, may issue

such a decision. The conduct of the

prehearing proceedings by the attorney

advisor will not delay the scheduling of

a hearing. If the prehearing proceedings

are not completed before the date of the

hearing, the case will be sent to the

administrative law judge unless a

wholly favorable decision is in process

or you and all other parties to the

hearing agree in writing to delay the

hearing until the proceedings are

completed.

(b) When prehearing proceedings may

be conducted by an attorney advisor. An

attorney advisor may conduct

prehearing proceedings if you have filed

a claim for benefits based on disability

and—

(1) New and material evidence is

submitted;

(2) There is an indication that

additional evidence is available;

(3) There is a change in the law or

regulations; or

(4) There is an error in the file or

some other indication that a wholly

favorable decision may be issued.

(c) Nature of the prehearing

proceedings that may be conducted by

an attorney advisor. As part of the

prehearing proceedings, the attorney

advisor, in addition to reviewing the

existing record, may—

(1) Request additional evidence that

may be relevant to the claim, including

medical evidence; and

(2) If necessary to clarify the record

for the purpose of determining if a

wholly favorable decision is warranted,

schedule a conference with the parties.

(d) Notice of a decision by an attorney

advisor. If the attorney advisor issues a

wholly favorable decision under this

section, we shall mail a written notice

of the decision to all parties at their last

known address. We shall state the basis

for the decision and advise all parties

that an administrative law judge will

dismiss the hearing request unless a

party requests that the hearing proceed.

A request to proceed with the hearing

must be made in writing within 30 days

after the date the notice of the decision

of the attorney advisor is mailed.

(e) Effect of actions under this section.

If under this section, an administrative

law judge dismisses a request for a

hearing, the dismissal is binding in

accordance with § 404.959 unless it is

vacated by an administrative law judge

or the Appeals Council pursuant to

§ 404.960. A decision made by an

attorney advisor under this section is

binding unless—

(1) A party files a request to proceed

with the hearing pursuant to paragraph

(d) of this section and an administrative

law judge makes a decision;

(2) The Appeals Council reviews the

decision on its own motion pursuant to

§ 404.969 as explained in paragraph

(f)(3) of this section; or

(3) The decision of the attorney

advisor is revised under the procedures

explained in § 404.987.

(f) Ancillary provisions. For the

purposes of the procedures authorized

by this section, the regulations of part

404 shall apply to—

(1) Authorize an attorney advisor to

exercise the functions performed by an

administrative law judge under

§§ 404.1520a and 404.1546;

(2) Define the term ‘‘decision’’ to

include a decision made by an attorney

advisor, as well as the decisions

identified in § 404.901; and

(3) Make the decision of an attorney

advisor subject to review by the Appeals

Council under § 404.969 if an

administrative law judge dismisses the

request for a hearing following issuance

of the decision, and the Appeals

Council decides to review the decision

of the attorney advisor anytime within

60 days after the date of the dismissal.

(g) Sunset provision. The provisions

of this section will no longer be effective

on (insert date two years after the date

the final rule is published in the Federal

Register) unless they are extended by

the Commissioner of Social Security by

publication of a final rule in the Federal

Register.

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

1. The authority citation for subpart N

of part 416 continues to read as follows:

Authority: Sec. 1102, 1631, and 1633 of the

Social Security Act; 42 U.S.C. 1302, 1383,

and 1383b.

2. New § 416.1442 is added under the

undesignated center heading ‘‘Hearing
Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Proposed Rules 19011

Before an Administrative Law Judge’’ to

read as follows:

§ 416.1442 Prehearing proceedings and

decisions by attorney advisors.

(a) General. After a hearing is

requested but before it is held, an

attorney advisor in our Office of

Hearings and Appeals may conduct

prehearing proceedings as set out in

paragraph (c) of this section. If upon the

completion of these proceedings, a

decision that is wholly favorable to you

and all other parties may be made, an

attorney advisor, instead of an

administrative law judge, may issue

such a decision. The conduct of the

prehearing proceedings by the attorney

advisor will not delay the scheduling of

a hearing. If the prehearing proceedings

are not completed before the date of the

hearing, the case will be sent to the

administrative law judge unless a

wholly favorable decision is in process

or you and all other parties to the

hearing agree in writing to delay the

hearing until the proceedings are

completed.

(b) When prehearing proceedings may

be conducted by an attorney advisor. An

attorney advisor may conduct

prehearing proceedings if you have filed

a claim for SSI benefits based on

disability and—

(1) New and material evidence is

submitted;

(2) There is an indication that

additional evidence is available;

(3) There is a change in the law or

regulations; or

(4) There is an error in the file or

some other indication that a wholly

favorable decision may be issued.

(c) Nature of the prehearing

proceedings that may be conducted by

an attorney advisor. As part of the

prehearing proceedings, the attorney

advisor, in addition to reviewing the

existing record, may—

(1) Request additional evidence that

may be relevant to the claim, including

medical evidence; and

(2) If necessary to clarify the record

for the purpose of determining if a

wholly favorable decision is warranted,

schedule a conference with the parties.

(d) Notice of a decision by an attorney

advisor. If the attorney advisor issues a

wholly favorable decision under this

section, we shall mail a written notice

of the decision to all parties at their last

known address. We shall state the basis

for the decision and advise all parties

that an administrative law judge will

dismiss the hearing request unless a

party requests that the hearing proceed.

A request to proceed with the hearing

must be made in writing within 30 days

after the date the notice of the decision

of the attorney advisor is mailed.

(e) Effect of actions under this section.

If under this section, an administrative

law judge dismisses a request for a

hearing, the dismissal is binding in

accordance with § 416.1459 unless it is

vacated by an administrative law judge

or the Appeals Council pursuant to

§ 416.1460. A decision made by an

attorney advisor under this section is

binding unless—

(1) A party files a request to proceed

with the hearing pursuant to paragraph

(d) of this section and an administrative

law judge makes a decision;

(2) The Appeals Council reviews the

decision on its own motion pursuant to

§ 416.1469 as explained in paragraph

(f)(3) of this section; or

(3) The decision of the attorney

advisor is revised under the procedures

explained in § 416.1487.

(f) Ancillary provisions. For the

purposes of the procedures authorized

by this section, the regulations of part

416 shall apply to—

(1) Authorize an attorney advisor to

exercise the functions performed by an

administrative law judge under

§§ 416.920a, 416.924d(b), and 416.946;

(2) Define the term ‘‘decision’’ to

include a decision made by an attorney

advisor, as well as the decisions

identified in § 416.1401; and

(3) Make the decision of an attorney

advisor subject to review by the Appeals

Council under § 416.1469 if an

administrative law judge dismisses the

request for a hearing following issuance

of the decision, and the Appeals

Council decides to review the decision

of the attorney advisor anytime within

60 days after the date of the dismissal.

(g) Sunset provision. The provisions

of this section will no longer be effective

on (insert date 2 years after the date the

final rule is published in the Federal

Register) unless they are extended by

the Commissioner of Social Security by

publication of a final rule in the Federal

Register.

[FR Doc. 95–9028 Filed 4–13–95; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024–AC25

Alaska; Trapping Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule; re-opening of

public comment period.

SUMMARY: This proposed rule is a

clarification of the National Park Service

(NPS) restriction on the use of firearms

and other weapons by trappers. The

rulemaking addresses only the

clarification of the language regarding

trapping and the use of firearms in the

taking of wildlife under a trapping

license. This proposed rule, the

substance of which was printed as a

proposed rule along with a proposed

rule to prohibit same-day-airborne

hunting in national park areas on

November 15, 1994 (59 FR 58804),

extends the comment period for another

60–days to allow additional review and

comment by interested groups and

persons. The same-day-airborne hunting

portion of the original proposed rule

was published as a Final Rule on April

11, 1995 in a separate document.

DATES: Comments will be accepted until

June 13, 1995.

ADDRESSES: Comments should be

addressed to Robert D. Barbee, Regional

Director, National Park Service, 2525

Gambell Street, Anchorage, AK 99503–

2892 (Fax 907–257–2533).

FOR FURTHER INFORMATION CONTACT: Paul

Hunter, National Park Service, Alaska

Regional Office, 2525 Gambell Street,

Anchorage, AK 99503–2892 (Telephone

907–257–2646; Fax 907–257–2410).

SUPPLEMENTARY INFORMATION:

Extended Comment Period: Firearm

Restriction for Trapping

This document announces a 60-day

re-opening of the comment period for

the trapping clarification portion of the

proposed rule published in the Federal

Register on November 15, 1994 (59 FR

58804). The clarification portion, 36

CFR 13.21(d)(5), of the proposed rule,

relates to existing regulations (36 CFR

13.1(u) and 36 CFR 1.4(a)) that generally

prohibit the use of a firearm for trapping

in NPS-managed areas in Alaska. The

initial comment period expired on

December 15, 1994. Many comments

received during this comment period,

including comments from local advisory

groups, governmental units and Alaska

residents, requested additional time to

review the proposed clarification and

the existing regulation. Although this

provision of the regulation has been in

effect since 1981, there is apparent

confusion regarding its intent and effect,

as well as its relationship to existing

hunting and trapping practices. The

extended comment period will allow

full examination of these issues.

Accordingly, the comment period for

the clarification portion of the proposed

rule concerning the use of firearms and

weapons to take wildlife under a

trapping license is hereby extended for