[Federal Register Volume 83, Number 99 (Tuesday, May 22, 2018)]
[Rules and Regulations]
[Pages 23579-23581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10867]



20 CFR Part 404

[Docket No. SSA-2018-0016]
RIN 0960-AI28

Extension of Expiration Date for Endocrine Disorders Body System 

AGENCY: Social Security Administration.

ACTION: Final rule.


SUMMARY: We are extending the expiration date of Endocrine Disorders 
body system in the Listing of Impairments (listings) in our 
regulations. We are making no other revisions to the body system in 
this final rule. This extension ensures that we will continue to have 
the criteria we need to evaluate impairments in the affected body 
system at step three of the

[[Page 23580]]

sequential evaluation processes for initial claims and continuing 
disability reviews.

DATES: This final rule is effective May 22, 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 date on which the 
Endocrine Disorders body system will no longer be effective as set out 
in the following chart:

                               Current expiration    Extended expiration
         Body system                  date                  date
Endocrine Disorders (9.00     June 8, 2018........  June 26, 2020.
 and 109.00).

    We continue to revise and update the listings on a regular basis, 
including those body systems not affected by this final rule.\2\ We 
continue to evaluate the treatment of disorders in the Endocrine 
Disorders body system, and intend to update the listing affected by 
this final rule as necessary based on medical advances. Therefore, we 
are extending the expiration date listed above.

    \2\ Since we last extended the expiration dates of the listings 
affected by this final rule in May 2016 (81 FR 32643), we published 
final rules revising the medical criteria for evaluating respiratory 
disorders (81 FR 37138 (2016)), neurological disorders (81 FR 43048 
(2016)), 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 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 the Endocrine Disorders 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 promulgate the body system listings again. Therefore, we 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 Endocrine Disorders body system listings. Without an extension of 
the expiration date for the Endocrine Disorders body system listings, 
we will not have the criteria we need to assess medical impairments in 
the body system 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

    These 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; 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,
Acting 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.

(1950- )

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,

[[Page 23581]]

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 item 10 of the 
introductory text before Part A to read as follows:

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

* * * * *
    10. Endocrine Disorders (9.00 and 109.00): June 26, 2020.
* * * * *
[FR Doc. 2018-10867 Filed 5-21-18; 8:45 am]