[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Rules and Regulations]
[Pages 41382-41383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16417]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2021-0019]
RIN 0960-AI57


Extension of Expiration Date for Neurological Disorders Body 
System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are extending the expiration date of the body system, 
Neurological Disorders, in the Listing of Impairments (listings) in our 
regulations. We are making no other revisions to this body system in 
this final rule. This extension ensures that we will continue to have 
the criteria we need to evaluate neurological impairments at step three 
of the sequential evaluation processes for initial claims and 
continuing disability reviews.

DATES: This final rule is effective on August 2, 2021.

FOR FURTHER INFORMATION CONTACT: Michael J. Goldstein, 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 date on which the listings 
for the following body system will no longer be effective as set out in 
the following chart:

[[Page 41383]]



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                                  Current expiration       Extended
      Body system listings               date           expiration date
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Neurological Disorders (11.00     September 29, 2021  September 29,
 and 111.00).                                          2025.
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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 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 date. Therefore, we are extending the expiration date listed 
above.
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    \2\ We last revised the expiration date for the Neurological 
Disorders body system listings when we updated the body system on 
July 1, 2016 (81 FR 43038, 43052).
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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 provides 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 Neurological 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.
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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 Neurological Disorders body system listing. Without an extension of 
the expiration date for this listing, 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 
unnecessary to delay the effective date of this final rule.

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.

    The Acting Commissioner of the Social Security Administration, 
Kilolo Kijakazi, having reviewed and approved this document, is 
delegating the authority to electronically sign this document to Faye 
I. Lipsky, who is the primary Federal Register Liaison for SSA, for 
purposes of publication in the Federal Register.

Faye I. Lipsky,
Federal Register Liaison, Office of Legislative and Congressional 
Affairs, Social Security Administration.

    For the reasons set out in the preamble, we are amending 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 item 12 of the 
introductory text before Part A to read as follows:

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

* * * * *
    12. Neurological Disorders (11.00 and 111.00): September 29, 2025.
* * * * *
[FR Doc. 2021-16417 Filed 7-30-21; 8:45 am]
BILLING CODE 4191-02-P