[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10278-10279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03243]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2020-0001]
RIN 0960-AI46
Extension of Expiration Dates for Three 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:
Special Senses and Speech, Hematological Disorders, 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 February 24, 2020.
FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Director, Office
of Medical Policy, Social Security Administration, 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, 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 three 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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Special Senses and Speech 2.00 April 24, 2020.... June 3, 2022.
and 102.00.
Hematological Disorders 7.00 and May 18, 2020...... June 3, 2022.
107.00.
Congenital Disorders That Affect April 3, 2020..... June 3, 2022.
Multiple Body Systems 10.00 and
110.00.
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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 three 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 the Special Senses
and Speech and Congenital Disorders that Affect Multiple Body
Systems body system listings on April 2, 2018 (83 FR 13862) and we
last updated the Hematological Disorders body system listings on
April 17, 2015 (80 FR 21159).
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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 three 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 three 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
[[Page 10279]]
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 3, 8,
and 11 of the introductory text to read as follows:
Appendix 1 to Subpart P of Part 404--Listing of Impairments
* * * * *
Special Senses and Speech (2.00 and 102.00): June 3, 2022.
* * * * *
8. Hematological Disorders (7.00 and 107.00): June 3, 2022.
* * * * *
11. Congenital Disorders That Affect Multiple Body Systems
(10.00 and 110.00): June 3, 2022.
* * * * *
[FR Doc. 2020-03243 Filed 2-21-20; 8:45 am]
BILLING CODE 4191-02-P