[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Rules and Regulations]
[Pages 64993-64995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25635]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2019-0045]
RIN 0960-AI45


Extension of Expiration Dates for Five Body System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are extending the expiration dates of the following body 
systems in the Listing of Impairments (listings) in our regulations: 
Musculoskeletal System, Cardiovascular System, Digestive System, Skin 
Disorders, and Immune System Disorders. 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 November 26, 2019.

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.

SUPPLEMENTARY INFORMATION:

Background

    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,

[[Page 64994]]

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), 416.925(b).
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    \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.
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Explanation of Changes

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

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                                  Current  expiration       Extended
            Listing                      date            expiration date
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Musculoskeletal System 1.00     January 27, 2020......  February 4,
 and 101.00.                                             2022.
Cardiovascular System 4.00 and  January 27, 2020......  February 4,
 104.00.                                                 2022.
Digestive System 5.00 and       January 27, 2020......  February 4,
 105.00.                                                 2022.
Skin Disorders 8.00 and 108.00  January 27, 2020......  February 4,
                                                         2022.
Immune System Disorders 14.00   January 17, 2020......  February 4,
 and 114.00.                                             2022.
------------------------------------------------------------------------

    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 five listings affected by this final rule as 
necessary based on medical advances 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.
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    \2\ We last extended the expiration dates of four of the body 
system listings affected by this final rule in December 2017 (82 FR 
59514) (Musculoskeletal System, Cardiovascular System. Digestive 
System, and Skin Disorders) and we revised the Immune System 
Disorders in December 2016 (81 FR 86915). We proposed rules for 
evaluating Digestive disorders and Skin disorders in July 2019 (84 
FR 35936) and for evaluating Musculoskeletal disorders in May 2018 
(83 FR 20646).
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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 
interest.
    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 five 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.
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    \3\ See the first sentence of appendix 1 to subpart P of part 
404 of 20 CFR.
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    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 the five 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.

Executive Order 13771

    This regulation does not impose novel costs on the public and as 
such is considered an exempt regulatory action under E.O. 13771.

Paperwork Reduction Act

    This final rule only extends the date for the medical listings 
cited above, but does not create any new or affect any existing 
collections, or otherwise change any content of the currently published 
rules. Accordingly, it does not impose any burdens under the Paperwork 
Reduction Act, and does not require further OMB approval.

(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.

Andrew Saul,
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.

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950- )

Subpart P--[Amended]

0
 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).


0
2. Amend appendix 1 to subpart P of part 404 by revising items 2, 5, 6, 
9, and 15 of the introductory text before Part A to read as follows:

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

* * * * *

[[Page 64995]]

    2. Musculoskeletal System (1.00 and 101.00): February 4, 2022.
* * * * *
    5. Cardiovascular System (4.00 and 104.00): February 4, 2022.
    6. Digestive System (5.00 and 105.00): February 4, 2022.
* * * * *
    9. Skin Disorders (8.00 and 108.00): February 4, 2022.
* * * * *
    15. Immune System Disorders (14.00 and 114.00): February 4, 
2022.
* * * * *
[FR Doc. 2019-25635 Filed 11-25-19; 8:45 am]
BILLING CODE 4191-02-P