[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13862-13863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06671]



20 CFR Part 404

[Docket No. SSA-2018-0007]
RIN 0960-AI18

Extension of Expiration Dates for Two Body System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.


SUMMARY: We are extending the expiration dates of the following body 
systems in the Listing of Impairments (listings) in our regulations: 
Special Senses and Speech and Congenital Disorders That Affect Multiple 
Body Systems. We are making no other revisions to these body systems in 
this final rule. This extension ensures that we will continue to have 
the criteria we need to evaluate impairments in the affected body 
systems at step three of the sequential evaluation processes for 
initial claims and continuing disability reviews.

DATES: This final rule is effective on April 2, 2018.

FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Director, Office 
of Medical Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
(410) 965-1020. 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.



    We use the listings in appendix 1 to subpart P of part 404 of 20 
CFR at the third step of the sequential evaluation process to evaluate 
claims filed by adults and children for benefits based on disability 
under the title II and title XVI programs.\1\ 20 CFR 404.1520(d), 
416.920(d), 416.924(d). The listings are in two parts: Part A has 
listings criteria for adults and Part B has listings criteria for 
children. If you are age 18 or over, we apply the listings criteria in 
Part A when we assess your impairment or combination of impairments. If 
you are under age 18, we first use the criteria in Part B of the 
listings when we assess your impairment(s). If the criteria in Part B 
do not apply, we may use the criteria in Part A when those criteria 
consider the effects of your impairment(s). 20 CFR 404.1525(b), 

    \1\ We also use the listings in the sequential evaluation 
processes we use to determine whether a beneficiary's disability 
continues. See 20 CFR 404.1594, 416.994, and 416.994a.

Explanation of Changes

    In this final rule, we are extending the dates on which the 
listings for the following two body systems will no longer be effective 
as set out in the following chart:

                                  Current expiration       Extended
             Listing                     date           expiration date
Special Senses and Speech (2.00   April 29, 2018....  April 24, 2020.
 and 102.00).
Congenital Disorders That Affect  April 5, 2018.....  April 3, 2020.
 Multiple Body Systems (10.00
 and 110.00).

    We continue to revise and update the listings on a regular basis, 
including those body systems not affected by this final rule.\2\ We 
intend to update the two listings affected by this final rule as 
quickly as possible, but may not be able to publish final rules 
revising these listings by the current expiration dates. Therefore, we 
are extending the expiration dates listed above.

    \2\ Since we last extended the expiration dates of the listings 
affected by this rule in August 2016 (81 FR 51100), we have 
published final rules revising the medical criteria for evaluating 
mental disorders (81 FR 66137 (2016)) and human immunodeficiency 
virus (HIV infection (81 FR 86915 (2016)).

Regulatory Procedures

Justification for Final Rule

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 in promulgating regulations. 
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). 
Generally, the APA requires that an agency provide prior notice and 
opportunity for public comment before issuing a final regulation. The 
APA provides exceptions to the notice-and-comment requirements when an 
agency finds there is good cause for dispensing with such procedures 
because they are impracticable, unnecessary, or contrary to the public 
    We have determined that good cause exists for dispensing with the 
notice and public comment procedures. 5 U.S.C. 553(b)(B). This final 
rule only extends the date on which two body system listings will no 
longer be effective. It makes no substantive changes to our rules. Our 
current regulations \3\ provide that we may extend, revise, or

[[Page 13863]]

promulgate the body system listings again. Therefore, we have 
determined that opportunity for prior comment is unnecessary, and we 
are issuing this regulation as a final rule.

    \3\ See the first sentence of appendix 1 to subpart P of part 
404 of 20 CFR.

    In addition, for the reasons cited above, 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). We are not making any substantive changes to 
the listings in these body systems. Without an extension of the 
expiration dates for these listings, we will not have the criteria we 
need to assess medical impairments in these two body systems at step 
three of the sequential evaluation processes. We therefore find it is 
in the public interest to make this final rule effective on the 
publication date.

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 requirements for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, OMB did not review 
it. We also determined that this final rule meets the plain language 
requirement of Executive Order 12866.

Regulatory Flexibility Act

    We certify that this final rule does not have a significant 
economic impact on a substantial number of small entities because it 
affects only individuals. Therefore, a regulatory flexibility analysis 
is not required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act

    This final rule does not create any new or affect any existing 
collections and, therefore, it does not require OMB's 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 in 20 CFR Part 404

    Administrative practice and procedure, Blind, Disability benefits, 
Old-age, Survivors and Disability Insurance, Reporting and 
recordkeeping requirements, Social Security.

Nancy Berryhill,
Deputy Commissioner for Operations, performing the duties and functions 
not reserved to the Commissioner of Social Security.
    For the reasons set out in the preamble, we are amending appendix 1 
to subpart P of part 404 of chapter III of title 20 of the Code of 
Federal Regulations as set forth below.


Subpart P--[Amended]

1. The authority citation for subpart P of part 404 continues to read 
as follows:

    Authority: Secs. 202, 205(a)-(b) and (d)-(h), 216(i), 221(a) and 
(h)-(j), 222(c), 223, 225, and 702(a)(5) of the Social Security Act 
(42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a) and (h)-(j), 
422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 110 
Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 
U.S.C. 902 note).

2. Amend appendix 1 to subpart P of part 404 by revising items 3 and 11 
of the introductory text before Part A to read as follows:

Appendix 1 to Subpart P of Part 404--Listing of Impairments

* * * * *
    3. Special Senses and Speech (2.00 and 102.00): April 24, 2020.
* * * * *
    11. Congenital Disorders That Affect Multiple Body Systems 
(10.00 and 110.00): April 3, 2020.
* * * * *
[FR Doc. 2018-06671 Filed 3-30-18; 8:45 am]