Extension of Expiration Dates for Three Body System Listings
| Published date | 17 November 2021 |
| Citation | 86 FR 64068 |
| Record Number | 2021-25026 |
| Section | Rules and Regulations |
| Court | Social Security Administration |
64068
Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
■1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13 [Amended]
■2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
2021–21–13 Rolls-Royce Deutschland Ltd &
Co KG (Type Certificate previously held
by Rolls-Royce plc): Amendment 39–
21773; Docket No. FAA–2021–0879;
Project Identifier MCAI–2020–01494–E.
(a) Effective Date
This airworthiness directive (AD) is
effective January 3, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Rolls-Royce
Deutschland Ltd. & Co KG (RRD) (Type
Certificate previously held by Rolls-Royce
plc) Trent 1000–A, Trent 1000–AE, Trent
1000–C, Trent 1000–CE, Trent 1000–D, Trent
1000–E, Trent 1000–G, and Trent 1000–H
model turbofan engines.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7200, Engine (Turbine/Turboprop).
(e) Unsafe Condition
This AD was prompted by the
manufacturer revising the engine Time
Limits Manual life limits of certain critical
rotating parts and direct accumulation
counting data files. The FAA is issuing this
AD to prevent the failure of critical rotating
parts. The unsafe condition, if not addressed,
could result in failure of one or more engines,
loss of thrust control, and loss of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified in paragraph (h) of this
AD: Perform all required actions within the
compliance times specified in, and in
accordance with, EASA AD 2020–0242,
dated November 5, 2020 (EASA AD 2020–
0242).
(h) Exceptions to EASA AD 2020–0242
(1) The requirements specified in
paragraphs (1) and (2) of EASA AD 2020–
0242 are not required by this AD.
(2) Where EASA AD 2020–0242 requires
compliance from its effective date, this AD
requires using the effective date of this AD.
(3) Paragraph (3) of EASA AD 2020–0242
specifies revising the approved aircraft
maintenance program (AMP) within 12
months after its effective date, but this AD
requires revising the existing approved AMP
within 90 days after the effective date of this
AD.
(4) This AD does not mandate compliance
with the ‘‘Remarks’’ section of EASA AD
2020–0242.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ECO Branch, send it to
the attention of the person identified in
paragraph (j) of this AD. Information may be
emailed to: ANE-AD-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(j) Related Information
For more information about this AD,
contact Kevin M. Clark, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: (781)
238–7088; email: kevin.m.clark@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2020–0242, dated November 5,
2020.
(ii) [Reserved]
(3) For EASA AD 2020–0242, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu. You may find
this EASA AD on the EASA website at
https://ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (781) 238–7759.
This material may be found in the AD docket
at https://www.regulations.gov by searching
for and locating Docket No. FAA–2021–0879.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email:
fr.inspection@nara.gov, or go to https://
www.archives.gov/federal-register/cfr/ibr-
locations.html.
Issued on October 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–25005 Filed 11–16–21; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2021–0035]
RIN 0960–AI56
Extension of Expiration Dates for
Three 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, Genitourinary Disorders, and
Mental 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
November 17, 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),
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Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations
2
We last extended the expiration dates for
Respiratory Disorders and Genitourinary Disorders
on September 24, 2019 (84 FR 49950). This is the
first extension of the expiration date for Mental
Disorders, since we published a final rule revising
the medical criteria for evaluating Mental Disorders
on September 26, 2016 (81 FR 66137) and a
correction to the final rule on December 2, 2016 (81
FR 86928).
3
See the first sentence of appendix 1 to subpart
P of part 404 of 20 CFR.
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).
Explanation of Changes
In this final rule, we are extending the
dates on which the listings for the
following three body systems will no
longer be effective as set out in the
following chart:
Body system listings Current expiration date New expiration date
Respiratory Disorders 3.00 and 103.00 ............. December 10, 2021 ......................................... December 12, 2025.
Genitourinary Disorders 6.00 and 106.00 .......... December 10, 2021 ......................................... December 12, 2025.
Mental Disorders 12.00 and 112.00 ................... January 17, 2022 ............................................. December 12, 2025.
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
three 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 dates listed above.
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 three 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.
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 date for
these listings, we will not have the
criteria we need to assess medical
impairments in these three 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 only extends the date
for the medical listings cited above but
does not create any new or affect any
existing collections, or otherwise change
any content of the currently published
rules. Accordingly, it does not impose
any burdens under the Paperwork
Reduction Act and does not require
further OMB approval.
(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 Legislation
and Congressional Affairs, Social Security
Administration.
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]
■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
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Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Rules and Regulations
1
The IFR is currently under a preliminary
injunction issued by the Southern District of New
York on July 29, 2020. See Make the Road New
York v. Pompeo, 475 F. Supp. 3d 232 (S.D.N.Y.
2020).
2
Cook County v. Wolf, 498 F. Supp. 3d 999 (N.D.
Ill. 2020), appeal dismissed, 2021 WL 1608766 (7th
Cir. Mar. 9, 2021).
3
See USCIS, ‘‘Inadmissibility on Public Charge
Grounds Final Rule: Litigation’’ https://
www.uscis.gov/green-card/green-card-processes-
and-procedures/public-charge/inadmissibility-on-
public-charge-grounds-final-rule-litigation (last
visited Aug. 24, 2021).
4
Public Charge Ground of Inadmissibility, 86 FR
47025 (Aug. 23, 2021).
revising items 4, 7, and 13 to read as
follows:
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
* * * * *
4. Respiratory Disorders (3.00 and
103.00): December 12, 2025.
* * * * *
7. Genitourinary Disorders (6.00 and
106.00): December 12, 2025.
* * * * *
13. Mental Disorders (12.00 and
112.00): December 12, 2025.
* * * * *
[FR Doc. 2021–25026 Filed 11–16–21; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
22 CFR Part 40
[Public Notice: 11566]
RIN 1400–AE87
Visas: Ineligibility Based on Public
Charge Grounds
AGENCY
: State Department.
ACTION
: Interim final rule; reopening of
public comment period.
SUMMARY
: On October 11, 2019, the
Department of State (‘‘the Department’’)
published an interim final rule (‘‘IFR’’)
regarding visa ineligibility on public
charge grounds and accepted public
comments on the rule through
November 12, 2019. Given the many
changed circumstances since
publication of the IFR, the Department
is soliciting additional information from
the public by reopening the public
comment period for an additional 60
days.
DATES
: The Department of State will
accept comments until January 18, 2022.
ADDRESSES
: To provide comments go to
https://www.regulations.gov, enter
Docket DOS–2021–0034 and RIN 1400–
AE87. Alternatively, you may submit
comments by any of the following
methods:
•Email: You may submit comments
via email to VisaRegs@state.gov. You
must include the RIN in the subject line
of your message.
•Mail paper submissions: You may
submit comments via physical mail to
Regulatory Coordinator, Visa Services,
Bureau of Consular Affairs, Department
of State, 600 19th St. NW, Washington,
DC 20006. You must include the RIN in
the Attention Line in the address.
FOR FURTHER INFORMATION CONTACT
:
Andrea B. Lage, Acting Regulatory
Coordinator, Visa Services, Bureau of
Consular Affairs, Department of State,
600 19th St. NW, Washington, DC
20006, (202) 485–7586, VisaRegs@
state.gov.
SUPPLEMENTARY INFORMATION
:
I. Public Participation
All interested parties are invited to
respond to this Reopening of Public
Comment Period by submitting written
views and comments on the IFR
regarding visa ineligibility on public
charge grounds. Comments must be
submitted in English or commenters
must submit an English translation.
Comments that will provide the most
assistance to the Department in
considering recommendations will
reference a specific existing regulation,
order, guidance, policy, or any other
similar agency action, explain the
reason for any recommended change,
and include information that supports
the recommended change.
II. Background
On August 14, 2019, the Department
of Homeland Security (‘‘DHS’’) issued a
final rule outlining its new
interpretation of the public charge
ground of inadmissibility. See
Inadmissibility on Public Charge
Grounds, 84 FR 41292, as amended on
October 2, 2019 by Inadmissibility on
Public Charge Grounds; Correction, 84
FR 52357 (‘‘DHS Public Charge Final
Rule’’). The Department issued an IFR
on October 11, 2019, amending 22 CFR
40.41 by prescribing how consular
officers determine whether a noncitizen
is ineligible for a visa under section
212(a)(4) of the Immigration and
Nationality Act (‘‘INA’’), 8 U.S.C.
1182(a)(4), and 6 U.S.C. 236(b), because
they are likely at any time to become a
public charge. See Visas: Ineligibility
Based on Public Charge Grounds, 84 FR
54996.
The Department issued its IFR in
significant part to ensure that consular
officers were applying standards
consistent with the DHS Public Charge
Final Rule. Specifically, the IFR could
have helped avoid situations where a
consular officer evaluates a visa
applicant’s circumstances and
concludes that the applicant is not
likely at any time to become a public
charge, only for DHS to find the
applicant inadmissible on public charge
grounds under the same facts when they
seek admission to the United States.
See, e.g., 84 FR at 55011 (‘‘Coordination
of Department and DHS implementation
of the public charge inadmissibility
ground is critical to the Department’s
interest in preventing inconsistent
adjudication standards and different
outcomes between determinations of
visa eligibility and determinations of
admissibility at a port of entry.’’).
1
In the time since the Department first
issued the IFR, a court order vacating
the DHS Public Charge Final Rule
nationwide went into effect after the
government moved to voluntarily
dismiss an appeal of that order.
2
Due to
the vacatur of the DHS Public Charge
Final Rule, DHS immediately stopped
applying its Public Charge Final Rule to
all pending applications and petitions
that would have been subject to that
rule.
3
DHS is now implementing the
public charge inadmissibility statute
using the former-Immigration and
Nationalization Service’s 1999 Interim
Field Guidance on Deportability and
Inadmissibility on Public Charge
Grounds (64 FR 28689, May 26, 1999)
issued by the former Immigration and
Naturalization Service, which was in
place before the 2019 DHS Public
Charge Final Rule was implemented, for
immigration petitions, applications for
admission and adjustment of status. On
August 23, 2021, DHS published an
Advance Notice of Proposed
Rulemaking (‘‘ANPRM’’) and notice of
virtual public listening sessions to seek
broad public feedback on the public
charge ground of inadmissibility that
will inform its development of a future
regulatory proposal.
4
III. Change in Circumstances
With the vacatur of the 2019 DHS
Public Charge Final Rule the original
reason for the Department’s adoption of
the 2019 IFR may no longer apply.
Further, with the publication of the DHS
ANPRM, DHS has indicated an
intention to develop a new regulatory
proposal that may substantively differ
from the IFR.
Additionally, just months after the
Department issued its IFR, the COVID–
19 pandemic swept the globe. The
pandemic’s ongoing effects on public
health and economic conditions have
been vast and have underscored the
importance of ensuring that individuals
are able to access public health and
other programs for which they and their
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