81 FR 32643 - Extension of Expiration Dates for Two Body System Listings

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 81, Issue 100 (May 24, 2016)

Page Range		32643-32645
FR Document		2016-12182

We are extending the expiration dates of the following body systems in the Listing of Impairments (listings) in our regulations: Endocrine 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.

Federal Register, Volume 81 Issue 100 (Tuesday, May 24, 2016)

[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Pages 32643-32645]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12182]


=======================================================================
-----------------------------------------------------------------------

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2016-0016]
RIN 0960-AI00


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: 
Endocrine 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

[[Page 32644]]

initial claims and continuing disability reviews.

DATES:  This final rule is effective on May 24, 2016.

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, 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 
give appropriate consideration to the effects of your impairment(s). 20 
CFR 404.1525(b), 416.925(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
------------------------------------------------------------------------
Endocrine Disorders 9.00 and      June 7, 2016......  June 8, 2018.
 109.00.
Immune System Disorders 14.00     June 16, 2016.....  June 18, 2018.
 and 114.00.
------------------------------------------------------------------------

    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 some of the 
listings in January 2015 (80 FR 1 (2015)), we have published final 
rules revising the medical criteria for evaluating growth disorders 
and weight loss in children (80 FR 19522 (2015), corrected at 80 FR 
48248 (2015)), hematological disorders (80 FR 21159 (2015)), and 
cancer (malignant neoplastic diseases) (80 FR 28821 (2015)).
---------------------------------------------------------------------------

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 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 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

    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.

Carolyn W. Colvin,
Acting Commissioner of Social Security.

    For the reasons set out in the preamble, we are amending 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), 
(i), and (j), 222(c), 223, 225, and 702(a)(5) of the Social Security 
Act

[[Page 32645]]

(42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a), (i), and 
(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 10 and 
15 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 8, 2018.
* * * * *
    15. Immune System Disorders (14.00 and 114.00): June 18, 2018.
* * * * *
[FR Doc. 2016-12182 Filed 5-23-16; 8:45 am]
 BILLING CODE 4191-02-P

Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Rules and Regulations 32645

(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i), maintenance, and use of electronic and notice of the right to appeal within 90
421(a), (i), and (j), 422(c), 423, 425, and information technology by the days of the complainant’s receipt of the
902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 Department of State. Section 147.3 notice from the Department. The
Stat. 2105, 2189; sec. 202, Pub. L. 108–203, provides the definitions of ‘‘The Department will notify the complainant
118 Stat. 509 (42 U.S.C. 902 note).
Department,’’ ‘‘Section 508’’, ‘‘Section of the results of the appeal within 60
■ 2. Amend appendix 1 to subpart P of 508 complaint’’, and ‘‘the Secretary’’, days of the receipt of the appeal request.
part 404 by revising items 10 and 15 of and adopts the definitions in 36 CFR Section 147.8 provides that a decision
the introductory text before Part A to 1194.4. from the Department on the merits of a
read as follows: Section 147.4 provides that the complaint, or no notification in writing
Department will ensure that its from the Department within 180 days of
Appendix 1 to Subpart P of Part 404—
employees, applicants for employment, filing the complaint, will constitute
Listing of Impairments
and members of the public are provided exhaustion of the complainant’s
* * * * * with adequate notice of the administrative remedies for purposes of
10. Endocrine Disorders (9.00 and 109.00): Department’s obligations under Section
June 8, 2018. 5 U.S.C. 701, et seq. This provision does
508, part 1194, and these rules. not yet have a counterpart in the
* * * * * Sections 147.5 and 147.6 generally
Department’s Section 504 implementing
15. Immune System Disorders (14.00 and reiterate the requirements of Section 508
114.00): June 18, 2018. procedures; however, the Department is
regarding the prohibition against
considering adding a parallel provision
* * * * * discrimination, and the requirement for
to 22 CFR part 144 in the near future.
[FR Doc. 2016–12182 Filed 5–23–16; 8:45 am] ensuring that EIT is accessible (in
BILLING CODE 4191–02–P accordance with part 1194), unless an The Department published a proposed
undue burden would be imposed on the rule on January 4, 2016. See 81 FR 44.
Department—in which case an The Department received one comment
alternative means of access must be in response to the Paperwork Reduction
DEPARTMENT OF STATE
provided. Act notice, expressing support for the
22 CFR Part 147 information collection, and received no
Subpart B—Complaint Procedures comments on the proposed rule.
[Public Notice: 9498] Section 147.7 provides procedures for
Regulatory Analysis
RIN 1400–AD87 filing a complaint under Section 508.
The procedures included therein are Administrative Procedure Act
Electronic and Information Technology substantially the same procedures the
Department has established in The Department of State published
AGENCY: Department of State. this rulemaking as a proposed rule, with
implementing Section 504 of the
ACTION: Final rule. Rehabilitation Act of 1973 (22 CFR part 60-day provision for public comment.
144). The relevant procedures are The final rule will be in effect 30 days
SUMMARY: This rule implements Section after publication.
508 of the Rehabilitation Act (Section repeated in this rulemaking, for
508) for the Department of State. Section convenience. A Section 508 complaint Small Business Regulatory Enforcement
508 requires that when Federal must be filed with the Department’s Fairness Act of 1996
departments and agencies develop, Office of Civil Rights, must be in
writing, and submitted by fax, email, This rule is not a major rule as
procure, maintain, or use electronic and defined by 5 U.S.C. 804 for the purposes
information technology, they shall mail, or hand-delivery. The final,
approved complaint form, designated of Congressional review of agency
ensure that the electronic and rulemaking under the Small Business
information technology is accessible to DS–4282, is accessible and fillable and
is available on the following page: Regulatory Enforcement Fairness Act of
individuals with disabilities who are 1996 (5 U.S.C. 801–808).
Federal employees, applicants for https://eforms.state.gov/
employment, or members of the public. searchform.aspx. The Department’s Unfunded Mandates Reform Act of 1995
analysis and notice pursuant to the
DATES: This rule is effective June 23, This rule will not result in the
Paperwork Reduction Act are included
2016. in the ‘‘Regulatory Analysis,’’ below. expenditure by State, local, or tribal
FOR FURTHER INFORMATION CONTACT: The DS–4282 will be used for governments, in the aggregate, or by the
Alice Kottmyer, Attorney-Adviser, 202– complaints not only under Section 508, private sector, of $100 million in any
647–2318, kottmyeram@state.gov. but under Section 504 and Title VI of year; and it will not significantly or
SUPPLEMENTARY INFORMATION: This rule the Civil Rights Act. This is reflected in uniquely affect small governments.
adds a new part 147, which implements the Paperwork Reduction Act analysis, Therefore, no actions were deemed
Section 508 of the Rehabilitation Act of below. necessary under the provisions of the
1973, as amended (29 U.S.C. 794d) An individual with a disability Unfunded Mandates Reform Act of
(‘‘Section 508’’), as it applies to alleging a violation of Section 508 must 1995.
programs and activities conducted by file a complaint not later than 180 days Executive Order 13175—Consultation
the Department of State (‘‘the after the date the complainant knew, or and Coordination With Indian Tribal
Department’’). should have known, of the alleged Governments
violation of Section 508. Once the
Subpart A—General Provisions Department receives the complaint, it The Department has determined that
mstockstill on DSK3G9T082PROD with RULES

Sections 147.1 and 147.2 provide that must conduct an investigation and, this rulemaking will not have tribal
these rules are intended to implement within 180 days of receiving the implications, will not impose
Section 508, consistent with that statute complaint, shall notify the complainant substantial direct compliance costs on
and the regulations promulgated by the of the results of the investigation in a Indian tribal governments, and will not
Access Board, at 36 CFR part 1194 letter containing findings of fact and pre-empt tribal law. Accordingly, the
(‘‘Part 1194’’). This rule applies to all conclusions of law; a description of a requirements of Executive Order 13175
development, procurement, remedy for each violation found; and a do not apply to this rulemaking.

VerDate Sep<11>2014 17:11 May 23, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1

Document Created: 2016-05-24 05:21:12
Document Modified: 2016-05-24 05:21:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on May 24, 2016.
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.
FR Citation		81 FR 32643
RIN Number		0960-AI00
CFR Associated		Administrative Practice and Procedure; Blind; Disability Benefits; Old-Age; Survivors and Disability Insurance; Reporting and Recordkeeping Requirements and Social Security