Extension of Expiration Dates for Two Body System Listings

Federal Register, Volume 84 Issue 185 (Tuesday, September 24, 2019)
[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Rules and Regulations]
[Pages 49950-49951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20444]
20 CFR Part 404
[Docket No. SSA-2019-0036]
RIN 0960-AI44
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:
Respiratory Disorders and Genitourinary 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 September 24, 2019.
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.
    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),
    \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:
                 Listing                      Current expiration date            Extended expiration date
Respiratory Disorders 3.00 and 103.00....  October 7, 2019.............  December 10, 2021.
Genitourinary Disorders 6.00 and 106.00..  December 9, 2019............  December 10, 2021.
    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
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.
    \2\ Since we last extended the expiration dates of the listings
affected by this final rule in June 2016 (81 FR 37138) and October
2014 (79 FR 61221), we published final rules revising the medical
criteria for evaluating hematological disorders (80 FR 21159
(2015)), cancer (malignant neoplastic diseases) (80 FR 28821
(2015)), neurological disorders (81 FR 66137 (2016)), mental
disorders (81 FR 66137 (2016)), and human immunodeficiency virus
(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
    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
[[Page 49951]]
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.
    \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.
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 does not create any new or affect any existing
collections and, therefore, do not require OMB 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.
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.
Subpart P--[Amended]
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).
2. Amend appendix 1 to subpart P of part 404 in the introductory text
by revising items 4 and 7 to read as follows:
Appendix 1 to Subpart P of Part 404--Listing of Impairments
* * * * *
    4. Respiratory Disorders (3.00 and 103.00): December 10, 2021.
* * * * *
    7. Genitourinary Disorders (6.00 and 106.00): December 10, 2021.
* * * * *
[FR Doc. 2019-20444 Filed 9-23-19; 8:45 am]