Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 33327 

(3) Assuming infinite fragment 

energy, and analyzing the trajectory of 

the probable fragments and components, 

any hazard due to liberated engine parts 

or components will be minimized and 

the possibility of crew injury 

eliminated. Minimization must be 

considered during initial design and not 

presented as an analysis after design 

completion. 

Issued in Kansas City, Missouri, on July 2, 

2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16476 Filed 7–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2009–0023] 

RIN 0960–AH01 

Attorney Advisor Program Sunset Date 

Extension 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are extending for two 

years our rule authorizing attorney 

advisors to conduct certain prehearing 

procedures and to issue fully favorable 

decisions. The current rule is scheduled 

to expire on August 10, 2009. In this 

final rule, we are extending the sunset 

date to August 10, 2011. We are making 

no other substantive changes. 

DATES: This final rule is effective July 

13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Hull, 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 

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 

SSI 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 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 to 

extend it beyond that date. We 

explained that we would announce any 

such termination or extension by 

publishing a final rule. 72 FR 44763, 

44764 (August 10, 2007). 

Explanation of Changes 

The number of requests for hearings 

has increased significantly in recent 

years, and we expect that trend to 

continue. While we are pursuing a 

number of initiatives to address this 

increase, it will take time to feel the full 

effects. The attorney advisor program is 

an important part of our ongoing efforts 

to decide cases efficiently, issue 

decisions timely, and reduce the 

number of claims pending at the hearing 

level. Accordingly, we have decided to 

extend the attorney advisor rule for two 

more years, until August 10, 2011. 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 are also making a minor editorial 

change to the language in this rule. We 

are changing the term ‘‘wholly 

favorable’’ to ‘‘fully favorable’’ in 

§§ 404.942 and 416.1442, for clarity and 

consistency. 

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. 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 an 

existing rule, 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 

reduce the number of pending cases at 

the hearing level, it is in the public 

interest to make this final rule effective 

on the date of publication. 

Executive Order 12866 

We have 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 and was not subject to OMB 

formal review. 

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 only persons. Therefore, a 

regulatory flexibility analysis is not 

required under the Regulatory 

Flexibility Act, as amended. 

Paperwork Reduction Act 

This final rule contains reporting 

requirements in the regulation sections 

listed below. However, because there 

are fewer than ten respondents for each 

section, the Paperwork Reduction Act of 

1995 does not require us to seek OMB 

clearance for these sections. 


sroberts on DSKD5P82C1PROD with RULES
33328 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 

Regulation section Description of public reporting requirement 

Number of respondents 

(annually) 

Frequency of 

response 

Average 

burden per 

response 

(minutes) 

Estimated 

annual burden 

404.942(a), 

416.1442(a).

If prehearing proceedings are not complete 

before the date of a hearing, an administrative law judge (ALJ) will receive the 

case unless a fully favorable decision is 

in process or all of the parties in the 

hearing agree in writing to delay the 

hearing until the proceedings are completed. 

Less than 10 (PRA 

exempt).

........................ ........................ ........................

404.942(d), 

416.1442(d).

If the attorney advisor issues a fully favorable decision under this section, we will 

mail a written notice of the decision to all 

parties at their last known address. We 

will state the basis for the decision and 

advise all parties that an ALJ will dismiss 

the hearing request unless a party requests that the hearing proceed. Parties 

who want to proceed with the hearing 

must request in writing within 30 days 

after the notice of the attorney advisor’s 

decision is mailed. 

Less than 10 (PRAexempt)......................... ........................ ........................

Totals .................. N/A ............................ ........................ ........................ N/A 

(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; Aged, blind, disability 

benefits, public assistance programs, 

Reporting and recordkeeping 

requirements; Supplemental Security 

Income (SSI). 

Dated: July 7, 2009. 

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 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, Public Law 97– 

455, 96 Stat. 2500 (42 U.S.C. 405 note); secs. 

5, 6(c)–(e), and 15, Public Law 98–460, 98 

Stat. 1802 (42 U.S.C. 421 note); sec. 202, 

Public Law 108–203, 118 Stat. 509 (42 U.S.C. 

902 note). 

■ 2. In § 404.942, amend the second and 

fourth sentences of paragraph (a), 

paragraphs (b)(4) and (c)(2), and the first 

sentence of paragraph (d) by removing 

the words ‘‘wholly favorable’’ and 

adding in their place the words ‘‘fully 

favorable,’’ and 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 10, 2011, 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, Public 

Law 108–203, 118 Stat. 509 (42 U.S.C. 902 

note). 

■ 4. In § 416.1442, amend the second 

and fourth sentences of paragraph (a), 

paragraphs (b)(4) and (c)(2), and the first 

sentence of paragraph (d) by removing 

the words ‘‘wholly favorable’’ and 

adding in their place the words ‘‘fully 

favorable,’’ and 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 10, 2011, unless we terminate 

them earlier or extend them beyond that 

date by notice of a final rule in the 

Federal Register. 

[FR Doc. E9–16510 Filed 7–10–09; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–09–0210] 

Drawbridge Operation Regulations; 

Hackensack River, Jersey City, NJ, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice cancelling temporary 

deviation from regulations. 

SUMMARY: The Coast Guard is cancelling 

the temporary deviation concerning the 

operation of the Witt Penn Bridge across 

the Hackensack River at mile 3.1, across 

the Hackensack River, at Jersey City, 

New Jersey. A temporary deviation was 

previously approved for the Lower Hack 


sroberts on DSKD5P82C1PROD with RULES