83_FR_13925 83 FR 13862 - Extension of Expiration Dates for Two Body System Listings

83 FR 13862 - Extension of Expiration Dates for Two Body System Listings

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 83, Issue 63 (April 2, 2018)

Page Range13862-13863
FR Document2018-06671

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

Federal Register, Volume 83 Issue 63 (Monday, April 2, 2018) 
[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13862-13863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06671]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2018-0007]
RIN 0960-AI18


Extension of Expiration Dates for Two 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 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 April 2, 2018.

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).
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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 two body systems will no longer be effective 
as set out in the following chart:

------------------------------------------------------------------------
                                  Current expiration       Extended
             Listing                     date           expiration date
------------------------------------------------------------------------
Special Senses and Speech (2.00   April 29, 2018....  April 24, 2020.
 and 102.00).
Congenital Disorders That Affect  April 5, 2018.....  April 3, 2020.
 Multiple Body Systems (10.00
 and 110.00).
------------------------------------------------------------------------

    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.
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    \2\ Since we last extended the expiration dates of the listings 
affected by this rule in August 2016 (81 FR 51100), we have 
published final rules revising the medical criteria for evaluating 
mental disorders (81 FR 66137 (2016)) and human immunodeficiency 
virus (HIV infection (81 FR 86915 (2016)).
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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 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 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

[[Page 13863]]

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.
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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 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

    This final rule does not create any new or affect any existing 
collections and, therefore, it does not require OMB's 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 Berryhill,
Deputy Commissioner for Operations, performing the duties and functions 
not reserved to the 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 and 11 
of the introductory text before Part A to read as follows:

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

* * * * *
    3. Special Senses and Speech (2.00 and 102.00): April 24, 2020.
* * * * *
    11. Congenital Disorders That Affect Multiple Body Systems 
(10.00 and 110.00): April 3, 2020.
* * * * *
[FR Doc. 2018-06671 Filed 3-30-18; 8:45 am]
 BILLING CODE 4191-02-P

13862 Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations either of the following methods (pending the the definitions of ‘‘software,’’ ‘‘program,’’ FOR FURTHER INFORMATION CONTACT: adoption of internationally accepted and ‘‘microprogram.’’ Cheryl A. Williams, Director, Office of standards): Items: The list of items controlled is Medical Policy, 6401 Security a. Doppler laser method, contained in the ECCN heading. Boulevard, Baltimore, MD 21235–6401, b. Forward laser diffraction method. Dated: March 27, 2018. (410) 965–1020. For information on j. Nucleic acid assemblers and synthesizers that are both: Matthew S. Borman, eligibility or filing for benefits, call our j.1 Partly or entirely automated; and national toll-free number, 1–800–772– Deputy Assistant Secretary for Export j.2. Designed to generate continuous Administration. 1213, or TTY 1–800–325–0778, or visit nucleic acids greater than 1.5 kilobases in our internet site, Social Security Online, [FR Doc. 2018–06581 Filed 3–30–18; 8:45 am] length with error rates less than 5% in a at http://www.socialsecurity.gov. BILLING CODE 3510–33–P single run. SUPPLEMENTARY INFORMATION: ■ 14. In Supplement No. 1 to Part 774 Background (the Commerce Control List), Category 2, SOCIAL SECURITY ADMINISTRATION We use the listings in appendix 1 to ECCN 2D351 is revised to read as subpart P of part 404 of 20 CFR at the follows: 20 CFR Part 404 third step of the sequential evaluation 2D351 Dedicated ‘‘software’’ for toxic gas [Docket No. SSA–2018–0007] process to evaluate claims filed by monitors and monitoring systems, and RIN 0960–AI18 adults and children for benefits based their dedicated detecting ‘‘parts’’ and on disability under the title II and title ‘‘components,’’ controlled by ECCN Extension of Expiration Dates for Two XVI programs.1 20 CFR 404.1520(d), 2B351. 416.920(d), 416.924(d). The listings are Body System Listings License Requirements in two parts: Part A has listings criteria AGENCY: Social Security Administration. for adults and Part B has listings criteria Reason for Control: CB, AT ACTION: Final rule. for children. If you are age 18 or over, Country Chart (See we apply the listings criteria in Part A Control(s) Supp. No. 1 to part SUMMARY: We are extending the when we assess your impairment or 738) expiration dates of the following body combination of impairments. If you are systems in the Listing of Impairments under age 18, we first use the criteria in CB applies to entire CB Column 2 (listings) in our regulations: Special entry. Part B of the listings when we assess Senses and Speech and Congenital your impairment(s). If the criteria in AT applies to entire AT Column 1 Disorders That Affect Multiple Body entry. Part B do not apply, we may use the Systems. We are making no other criteria in Part A when those criteria List Based License Exceptions (See Part 740 revisions to these body systems in this consider the effects of your for a Description of All License Exceptions) final rule. This extension ensures that impairment(s). 20 CFR 404.1525(b), CIV: N/A we will continue to have the criteria we 416.925(b). TSR: N/A need to evaluate impairments in the affected body systems at step three of Explanation of Changes List of Items Controlled the sequential evaluation processes for In this final rule, we are extending the Related Controls: N/A initial claims and continuing disability dates on which the listings for the Related Definitions: (1) For the purposes of this entry, the term ‘‘dedicated’’ means reviews. following two body systems will no committed entirely to a single purpose or DATES: This final rule is effective on longer be effective as set out in the device. (2) See Section 772.1 of the EAR for April 2, 2018. following chart: Listing Current expiration date Extended expiration date Special Senses and Speech (2.00 and 102.00) ..................................... April 29, 2018 ................................ April 24, 2020. Congenital Disorders That Affect Multiple Body Systems (10.00 and April 5, 2018 .................................. April 3, 2020. 110.00). We continue to revise and update the Regulatory Procedures requirements when an agency finds listings on a regular basis, including Justification for Final Rule there is good cause for dispensing with those body systems not affected by this such procedures because they are final rule.2 We intend to update the two We follow the Administrative impracticable, unnecessary, or contrary listings affected by this final rule as Procedure Act (APA) rulemaking to the public interest. quickly as possible, but may not be able procedures specified in 5 U.S.C. 553 in We have determined that good cause to publish final rules revising these promulgating regulations. Section exists for dispensing with the notice and listings by the current expiration dates. 702(a)(5) of the Social Security Act, 42 public comment procedures. 5 U.S.C. Therefore, we are extending the U.S.C. 902(a)(5). Generally, the APA 553(b)(B). This final rule only extends requires that an agency provide prior the date on which two body system expiration dates listed above. notice and opportunity for public listings will no longer be effective. It comment before issuing a final makes no substantive changes to our daltland on DSKBBV9HB2PROD with RULES regulation. The APA provides rules. Our current regulations 3 provide exceptions to the notice-and-comment that we may extend, revise, or 1 We also use the listings in the sequential 2 Since we last extended the expiration dates of (81 FR 66137 (2016)) and human immunodeficiency evaluation processes we use to determine whether the listings affected by this rule in August 2016 (81 virus (HIV infection (81 FR 86915 (2016)). a beneficiary’s disability continues. See 20 CFR FR 51100), we have published final rules revising 3 See the first sentence of appendix 1 to subpart 404.1594, 416.994, and 416.994a. the medical criteria for evaluating mental disorders P of part 404 of 20 CFR. VerDate Sep<11>2014 16:23 Mar 30, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1

Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations 13863 promulgate the body system listings Insurance, Reporting and recordkeeping and to ensure accuracy and clarity in again. Therefore, we have determined requirements, Social Security. the Agency’s regulations. that opportunity for prior comment is Nancy Berryhill, DATES: This rule is effective April 2, unnecessary, and we are issuing this 2018. Deputy Commissioner for Operations, regulation as a final rule. performing the duties and functions not FOR FURTHER INFORMATION CONTACT: In addition, for the reasons cited reserved to the Commissioner of Social Karen Fikes, Center for Devices and above, we find good cause for Security. Radiological Health, Food and Drug dispensing with the 30-day delay in the For the reasons set out in the Administration, 10903 New Hampshire effective date of this final rule. 5 U.S.C. preamble, we are amending appendix 1 Ave., Bldg. 66, Rm. 5244, Silver Spring, 553(d)(3). We are not making any to subpart P of part 404 of chapter III of MD 20993–0002, 301–796–9603. substantive changes to the listings in title 20 of the Code of Federal SUPPLEMENTARY INFORMATION: FDA is these body systems. Without an Regulations as set forth below. amending our regulations in 21 CFR extension of the expiration dates for parts 890, 900, 1020, and 1040 to correct PART 404—FEDERAL OLD-AGE, typographical errors and to update these listings, we will not have the SURVIVORS AND DISABILITY criteria we need to assess medical addresses, office titles, and wording to INSURANCE (1950–) ensure accuracy and clarity in the impairments in these two body systems at step three of the sequential evaluation Subpart P—[Amended] Agency’s medical device regulations. processes. We therefore find it is in the FDA is making nonsubstantive public interest to make this final rule ■ 1. The authority citation for subpart P changes to the following regulations: of part 404 continues to read as follows: 1. FDA is revising effective on the publication date. § 890.5525(b)(2)(i)(A) by replacing Authority: Secs. 202, 205(a)–(b) and (d)– ‘‘Testing using a drug approved for Executive Order 12866, as (h), 216(i), 221(a) and (h)-(j), 222(c), 223, 225, Supplemented by Executive Order and 702(a)(5) of the Social Security Act (42 iontophoretic delivery, or a solution, if 13563 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i), identified in the labeling, to 421(a) and (h)–(j), 422(c), 423, 425, and demonstrate safe use of the device as We consulted with the Office of 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 intended’’ with ‘‘Testing using a drug Management and Budget (OMB) and Stat. 2105, 2189; sec. 202, Pub. L. 108–203, approved for iontophoretic delivery, or determined that this final rule does not 118 Stat. 509 (42 U.S.C. 902 note). a solution if identified in the labeling, meet the requirements for a significant ■ 2. Amend appendix 1 to subpart P of to demonstrate safe use of the device as regulatory action under Executive Order part 404 by revising items 3 and 11 of intended’’. 12866, as supplemented by Executive the introductory text before Part A to 2. FDA is revising § 900.3(b)(1) by Order 13563. Therefore, OMB did not read as follows: replacing ‘‘Division of Mammography review it. We also determined that this Quality and Radiation Programs Appendix 1 to Subpart P of Part 404— (DMQRP), Center for Devices and final rule meets the plain language Listing of Impairments requirement of Executive Order 12866. Radiology Health (HFZ–240), Food and * * * * * Drug Administration, 1350 Piccard Dr., Regulatory Flexibility Act 3. Special Senses and Speech (2.00 and Rockville, MD 20850, marked Attn: 102.00): April 24, 2020. Mammography Standards Branch’’ with We certify that this final rule does not * * * * * ‘‘Division of Mammography Quality have a significant economic impact on 11. Congenital Disorders That Affect Standards, Center for Devices and a substantial number of small entities Multiple Body Systems (10.00 and 110.00): Radiological Health, Food and Drug because it affects only individuals. April 3, 2020. Administration, 10903 New Hampshire Therefore, a regulatory flexibility * * * * * Ave., Bldg. 66, Rm. 4445, Silver Spring, analysis is not required under the [FR Doc. 2018–06671 Filed 3–30–18; 8:45 am] MD 20993, Attn: Program Management Regulatory Flexibility Act, as amended. BILLING CODE 4191–02–P Branch’’. 3. FDA is revising § 900.11(b)(2)(i) by Paperwork Reduction Act replacing ‘‘42 U.S.C. 263b(c)(2)’’ with This final rule does not create any DEPARTMENT OF HEALTH AND ‘‘42 U.S.C. 263b(c)(4)’’. new or affect any existing collections HUMAN SERVICES 4. FDA is revising § 1020.30(c) by and, therefore, it does not require replacing ‘‘Director of the Office of OMB’s approval under the Paperwork Food and Drug Administration Communication, Education, and Radiation Programs of the Center for Reduction Act. 21 CFR Parts 890, 900, 1020, and 1040 Devices and Radiological Health’’ with (Catalog of Federal Domestic Assistance ‘‘Director, Center for Devices and Program Nos. 96.001, Social Security- [Docket No. FDA–2018–N–0011] Radiological Health’’. Disability Insurance; 96.002, Social Security- 5. FDA is revising § 1040.10(a)(3)(i) by Retirement Insurance; 96.004, Social Medical Devices; Technical Amendment replacing ‘‘Food and Drug Security-Survivors Insurance; 96.006, Administration, Center for Devices and Supplemental Security Income) AGENCY: Food and Drug Administration; Radiological Health, Director, Office of List of Subjects in 20 CFR Part 404 HHS. Compliance, 10903 New Hampshire Final rule; technical ACTION: Ave., Bldg. 66, Rm. 3521, Silver Spring, daltland on DSKBBV9HB2PROD with RULES Administrative practice and amendment. MD 20993–0002’’ with ‘‘Director, Center procedure, Blind, Disability benefits, for Devices and Radiological Health, Old-age, Survivors and Disability SUMMARY: The Food and Drug Food and Drug Administration, 10903 Administration (FDA or Agency) is New Hampshire Ave., Bldg. 66, Silver amending certain medical device Spring, MD 20993–0002’’. regulations. This action is editorial in 6. FDA is revising § 1040.10(f)(6)(ii) nature to correct typographical errors by replacing ‘‘Director, Office of VerDate Sep<11>2014 16:23 Mar 30, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1


Document Created: 2018-11-01 09:08:18
Document Modified: 2018-11-01 09:08:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 2, 2018.
ContactCheryl 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 Citation83 FR 13862 
RIN Number0960-AI18
CFR AssociatedAdministrative Practice and Procedure; Blind; Disability Benefits; Old-Age; Survivors and Disability Insurance; Reporting and Recordkeeping Requirements and Social Security
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