82 FR 59514 - Extension of Expiration Dates for Four Body System Listings
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 82, Issue 240 (December 15, 2017)
Federal Register Volume 82, Issue 240 (December 15, 2017)
| Page Range | 59514-59515 | |
| FR Document | 2017-27086 |
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)] [Rules and Regulations] [Pages 59514-59515] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27086] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 [Docket No. SSA-2017-0055] RIN 0960-AI17 Extension of Expiration Dates for Four 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: Musculoskeletal System, Cardiovascular System, Digestive System, and Skin 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 December 15, 2017. 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 consider 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 four body systems will no longer be effective as set out in the following chart: ---------------------------------------------------------------------------------------------------------------- Listing Current expiration date Extended expiration date ---------------------------------------------------------------------------------------------------------------- Musculoskeletal System 1.00 and 101.00. January 26, 2018................... January 27, 2020. Cardiovascular System 4.00 and 104.00.. January 26, 2018................... January 27, 2020. Digestive System 5.00 and 105.00....... January 26, 2018................... January 27, 2020. Skin Disorders 8.00 and 108.00......... January 26, 2018................... January 27, 2020. ---------------------------------------------------------------------------------------------------------------- [[Page 59515]] 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 four 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 current expiration dates for the above listed body systems. --------------------------------------------------------------------------- \2\ Since we last extended the expiration dates of the listings affected by this rule in August 2016 (81 FR 51101), we have published final rules revising the medical criteria for evaluating mental disorders (81 FR 66137 (2016)) and 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 interest. We have 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 four 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 four 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. Nancy A. 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. 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 (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 2, 5, 6, and 9 of the introductory text before part A to read as follows: Appendix 1 to Subpart P of Part 404--Listing of Impairments * * * * * 2. Musculoskeletal System (1.00 and 101.00): January 27, 2020. * * * * * 5. Cardiovascular System (4.00 and 104.00): January 27, 2020. 6. Digestive System (5.00 and 105.00): January 27, 2020. * * * * * 9. Skin Disorders (8.00 and 108.00): January 27, 2020. * * * * * [FR Doc. 2017-27086 Filed 12-14-17; 8:45 am] BILLING CODE 4191-02-P
![59514 Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations
Subpart H—Donations of Intellectual additional information is requested or if revisions to these body systems in this
Property Rights Technology and CBP has determined that it will not final rule. This extension ensures that
Related Support Services accept the donation. we will continue to have the criteria we
(c) Agreement to accept donation. If need to evaluate impairments in the
§ 133.61 Donations of intellectual property CBP accepts a donation of hardware, affected body systems at step three of
rights technology and related support
services.
software, equipment, technologies, or the sequential evaluation processes for
related support services and training, for initial claims and continuing disability
(a) Scope. The Commissioner of U.S. the purpose of enforcing intellectual reviews.
Customs and Border Protection (CBP) is property rights, CBP will enter into a
authorized to accept donations of DATES: This final rule is effective on
signed, written agreement with an December 15, 2017.
hardware, software, equipment, and
authorized representative of the donor.
similar technologies, as well as related FOR FURTHER INFORMATION CONTACT:
The agreement must contain all
support services and training, from Cheryl A. Williams, Director, Office of
applicable terms and conditions of the
private sector entities, for the purpose of Medical Policy, 6401 Security
donation. An agreement to accept a
assisting CBP in enforcing intellectual Boulevard, Baltimore, MD 21235–6401,
donation must provide that the
property rights. Such acceptance must (410) 965–1020. For information on
hardware, software, equipment,
be consistent with the conditions set eligibility or filing for benefits, call our
technologies, or related support services
forth in this section and section 308(d) national toll-free number, 1–800–772–
and training are offered without the
of the Trade Facilitation and Trade 1213, or TTY 1–800–325–0778, or visit
expectation of payment, and that the
Enforcement Act of 2015 (19 U.S.C. our internet site, Social Security Online,
4301 note), as well as either section 482 donor expressly waives any future
claims, except those expressly reserved at http://www.socialsecurity.gov.
of the Homeland Security Act of 2002,
as amended by section 2 of the Cross- in the agreement, against the SUPPLEMENTARY INFORMATION:
Border Trade Enhancement Act of 2016 government related to the donation.
Background
(6 U.S.C. 301a), or section 507 of the Kevin K. McAleenan,
Department of Homeland Security We use the listings in appendix 1 to
Acting Commissioner, U.S. Customs and
Appropriations Act of 2004 (Pub. L. subpart P of part 404 of 20 CFR at the
Border Protection.
108–90). However, this section does not third step of the sequential evaluation
Approved: December 12, 2017.
apply to merchandise provided to CBP process to evaluate claims filed by
Timothy E. Skud, adults and children for benefits based
as samples, e.g., as referenced in Deputy Assistant Secretary of the Treasury.
§§ 151.10 and 177.2 of this chapter. on disability under the title II and title
(b) Donation offer. A donation offer [FR Doc. 2017–27065 Filed 12–14–17; 8:45 am] XVI programs.1 20 CFR 404.1520(d),
must be submitted to CBP either via BILLING CODE 9111–14–P 416.920(d), 416.924(d). The listings are
email, to dap@cbp.dhs.gov, or mailed to in two parts: Part A has listings criteria
the attention of the Executive Assistant for adults and Part B has listings criteria
Commissioner, Office of Field SOCIAL SECURITY ADMINISTRATION for children. If you are age 18 or over,
Operations, or his/her designee. The we apply the listings criteria in part A
donation offer must describe the 20 CFR Part 404 when we assess your impairment or
proposed donation in sufficient detail to [Docket No. SSA–2017–0055] combination of impairments. If you are
enable CBP to determine its under age 18, we first use the criteria in
compatibility with existing CBP RIN 0960–AI17 part B of the listings when we assess
technologies, networks, and facilities your impairment(s). If the criteria in
Extension of Expiration Dates for Four
(e.g. operating system or similar part B do not apply, we may use the
Body System Listings
requirements, power supply criteria in part A when those criteria
requirements, item size and weight, AGENCY: Social Security Administration. consider the effects of your
etc.). The donation offer must also ACTION: Final rule. impairment(s). 20 CFR 404.1525(b),
include information pertaining to the 416.925(b).
donation’s scope, purpose, expected SUMMARY: We are extending the
Explanation of Changes
benefits, intended use, costs, and expiration dates of the following body
attached conditions, as applicable, that systems in the Listing of Impairments In this final rule, we are extending the
is sufficient to enable CBP to evaluate (listings) in our regulations: dates on which the listings for the
the donation and make a determination Musculoskeletal System, Cardiovascular following four body systems will no
as to whether to accept it. CBP will System, Digestive System, and Skin longer be effective as set out in the
notify the donor, in writing, if Disorders. We are making no other following chart:
Current expiration Extended expiration
Listing date date
Musculoskeletal System 1.00 and 101.00 .............................................................................................. January 26, 2018 ... January 27, 2020.
Cardiovascular System 4.00 and 104.00 ............................................................................................... January 26, 2018 ... January 27, 2020.
Digestive System 5.00 and 105.00 ......................................................................................................... January 26, 2018 ... January 27, 2020.
nshattuck on DSK9F9SC42PROD with RULES
Skin Disorders 8.00 and 108.00 ............................................................................................................. January 26, 2018 ... January 27, 2020.
1 We also use the listings in the sequential a beneficiary’s disability continues. See 20 CFR
evaluation processes we use to determine whether 404.1594, 416.994, and 416.994a.
VerDate Sep<11>2014 15:15 Dec 14, 2017 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\15DER1.SGM 15DER1](https://thefederalregister.org/doc/82_FR_59754/page/1.svg)
![Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations 59515
We continue to revise and update the Executive Order 12866, as ■ 2. Amend appendix 1 to subpart P of
listings on a regular basis, including Supplemented by Executive Order part 404 by revising items 2, 5, 6, and
those body systems not affected by this 13563 9 of the introductory text before part A
final rule.2 We intend to update the four to read as follows:
We consulted with the Office of
listings affected by this final rule as
Management and Budget (OMB) and Appendix 1 to Subpart P of Part 404—
quickly as possible, but may not be able
determined that this final rule does not Listing of Impairments
to publish final rules revising these
meet the requirements for a significant * * * * *
listings by the current expiration dates.
regulatory action under Executive Order 2. Musculoskeletal System (1.00 and
Therefore, we are extending the current
12866, as supplemented by Executive 101.00): January 27, 2020.
expiration dates for the above listed
Order 13563. Therefore, OMB did not * * * * *
body systems.
review it. We also determined that this 5. Cardiovascular System (4.00 and
Regulatory Procedures final rule meets the plain language 104.00): January 27, 2020.
requirement of Executive Order 12866. 6. Digestive System (5.00 and 105.00):
Justification for Final Rule
January 27, 2020.
Regulatory Flexibility Act
We follow the Administrative * * * * *
Procedure Act (APA) rulemaking We certify that this final rule does not 9. Skin Disorders (8.00 and 108.00):
procedures specified in 5 U.S.C. 553 in have a significant economic impact on January 27, 2020.
promulgating regulations. Section a substantial number of small entities * * * * *
702(a)(5) of the Social Security Act, 42 because it affects only individuals. [FR Doc. 2017–27086 Filed 12–14–17; 8:45 am]
U.S.C. 902(a)(5). Generally, the APA Therefore, a regulatory flexibility BILLING CODE 4191–02–P
requires that an agency provide prior analysis is not required under the
notice and opportunity for public Regulatory Flexibility Act, as amended.
comment before issuing a final Paperwork Reduction Act PENSION BENEFIT GUARANTY
regulation. The APA provides CORPORATION
exceptions to the notice-and-comment These rules do not create any new or
requirements when an agency finds affect any existing collections and, 29 CFR Parts 4022 and 4044
there is good cause for dispensing with therefore, do not require Office of
such procedures because they are Management and Budget approval Allocation of Assets in Single-
impracticable, unnecessary, or contrary under the Paperwork Reduction Act. Employer Plans; Benefits Payable in
to the public interest. (Catalog of Federal Domestic Assistance Terminated Single-Employer Plans;
Program Nos. 96.001, Social Security- Interest Assumptions for Valuing and
We have determined that good cause Disability Insurance; 96.002, Social Security- Paying Benefits
exists for dispensing with the notice and Retirement Insurance; 96.004, Social
public comment procedures. 5 U.S.C. Security-Survivors Insurance; 96.006, AGENCY: Pension Benefit Guaranty
553(b)(B). This final rule only extends Supplemental Security Income) Corporation.
the date on which four body system ACTION: Final rule.
listings will no longer be effective. It List of Subjects in 20 CFR Part 404
makes no substantive changes to our Administrative practice and SUMMARY: This final rule amends the
rules. Our current regulations 3 provide procedure, Blind, Disability benefits, Pension Benefit Guaranty Corporation’s
that we may extend, revise, or Old-age, Survivors and Disability regulations on Benefits Payable in
promulgate the body system listings Insurance, Reporting and recordkeeping Terminated Single-Employer Plans and
again. Therefore, we have determined requirements, Social Security. Allocation of Assets in Single-Employer
that opportunity for prior comment is Plans to prescribe interest assumptions
unnecessary, and we are issuing this Nancy A. Berryhill, under the benefit payments regulation
regulation as a final rule. Acting Commissioner of Social Security. for valuation dates in January 2018 and
interest assumptions under the asset
In addition, for the reasons cited For the reasons set out in the
allocation regulation for valuation dates
above, we find good cause for preamble, we are amending appendix 1
in the first quarter of 2018. The interest
dispensing with the 30-day delay in the to subpart P of part 404 of chapter III of
assumptions are used for valuing and
effective date of this final rule. 5 U.S.C. title 20 of the Code of Federal
paying benefits under terminating
553(d)(3). We are not making any Regulations as set forth below.
single-employer plans covered by the
substantive changes to the listings in pension insurance system administered
these body systems. Without an PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY by PBGC.
extension of the expiration dates for
INSURANCE DATES: Effective January 1, 2018.
these listings, we will not have the
criteria we need to assess medical FOR FURTHER INFORMATION CONTACT:
(1950– ) Daniel S. Liebman (Liebman.daniel@
impairments in these four body systems
at step three of the sequential evaluation PBGC.gov), Acting Assistant General
Subpart P—[Amended]
processes. We therefore find it is in the Counsel for Regulatory Affairs, Pension
public interest to make this final rule ■ 1. The authority citation for subpart P Benefit Guaranty Corporation, 1200 K
effective on the publication date. of part 404 continues to read as follows: Street NW, Washington, DC 20005, 202–
326–4400 ext. 6510. (TTY/TDD users
Authority: Secs. 202, 205(a)–(b) and (d)–
nshattuck on DSK9F9SC42PROD with RULES
2 Since we last extended the expiration dates of
may call the Federal relay service toll
(h), 216(i), 221(a), (i), and (j), 222(c), 223, free at 1–800–877–8339 and ask to be
the listings affected by this rule in August 2016 (81
FR 51101), we have published final rules revising
225, and 702(a)(5) of the Social Security Act connected to 202–326–4400 ext. 6510.)
the medical criteria for evaluating mental disorders (42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i),
421(a), (i), and (j), 422(c), 423, 425, and SUPPLEMENTARY INFORMATION: PBGC’s
(81 FR 66137 (2016)) and HIV infection (81 FR
86915 (2016)). 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 regulations on Allocation of Assets in
3 See the first sentence of appendix 1 to subpart Stat. 2105, 2189; sec. 202, Pub. L. 108–203, Single-Employer Plans (29 CFR part
P of part 404 of 20 CFR. 118 Stat. 509 (42 U.S.C. 902 note). 4044) and Benefits Payable in
VerDate Sep<11>2014 15:15 Dec 14, 2017 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\15DER1.SGM 15DER1](https://thefederalregister.org/doc/82_FR_59754/page/2.svg)
Document Created: 2017-12-15 03:37:22
Document Modified: 2017-12-15 03:37:22
| 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 December 15, 2017. | |
| 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 | 82 FR 59514 | |
| RIN Number | 0960-AI17 | |
| CFR Associated | Administrative Practice and Procedure; Blind; Disability Benefits; Old-Age; Survivors and Disability Insurance; Reporting and Recordkeeping Requirements and Social Security |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR