Extension of Expiration Dates for Two Body System Listings, 13862-13863 [2018-06671]

Download as PDF 13862 Federal Register / Vol. 83, No. 63 / Monday, April 2, 2018 / Rules and Regulations either of the following methods (pending the adoption of internationally accepted standards): a. Doppler laser method, b. Forward laser diffraction method. j. Nucleic acid assemblers and synthesizers that are both: j.1 Partly or entirely automated; and j.2. Designed to generate continuous nucleic acids greater than 1.5 kilobases in length with error rates less than 5% in a single run. 14. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 2, ECCN 2D351 is revised to read as follows: the definitions of ‘‘software,’’ ‘‘program,’’ and ‘‘microprogram.’’ Items: The list of items controlled is contained in the ECCN heading. Dated: March 27, 2018. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2018–06581 Filed 3–30–18; 8:45 am] BILLING CODE 3510–33–P License Requirements CB applies to entire entry. AT applies to entire entry. 20 CFR Part 404 [Docket No. SSA–2018–0007] RIN 0960–AI18 Extension of Expiration Dates for Two Body System Listings ACTION: Country Chart (See Supp. No. 1 to part 738) Control(s) SOCIAL SECURITY ADMINISTRATION Social Security Administration. Final rule. AGENCY: Reason for Control: CB, AT CB Column 2 AT Column 1 List Based License Exceptions (See Part 740 for a Description of All License Exceptions) CIV: N/A TSR: N/A List of Items Controlled Related Controls: N/A Related Definitions: (1) For the purposes of this entry, the term ‘‘dedicated’’ means committed entirely to a single purpose or device. (2) See Section 772.1 of the EAR for 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 ■ 2D351 Dedicated ‘‘software’’ for toxic gas monitors and monitoring systems, and their dedicated detecting ‘‘parts’’ and ‘‘components,’’ controlled by ECCN 2B351. FOR FURTHER INFORMATION CONTACT: 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. SUMMARY: 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). 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 Special Senses and Speech (2.00 and 102.00) ..................................... Congenital Disorders That Affect Multiple Body Systems (10.00 and 110.00). April 29, 2018 ................................ April 5, 2018 .................................. April 24, 2020. April 3, 2020. daltland on DSKBBV9HB2PROD with RULES 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. Regulatory Procedures 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 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. 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)). 3 See the first sentence of appendix 1 to subpart P of part 404 of 20 CFR. VerDate Sep<11>2014 16:23 Mar 30, 2018 Jkt 244001 Justification for Final Rule 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 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. 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. 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] 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 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 Paperwork Reduction Act DEPARTMENT OF HEALTH AND HUMAN SERVICES 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. Food and Drug Administration 21 CFR Parts 890, 900, 1020, and 1040 (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social Security-Survivors Insurance; 96.006, Supplemental Security Income) daltland on DSKBBV9HB2PROD with RULES List of Subjects in 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-age, Survivors and Disability VerDate Sep<11>2014 16:23 Mar 30, 2018 Jkt 244001 [Docket No. FDA–2018–N–0011] Medical Devices; Technical Amendment AGENCY: Food and Drug Administration; HHS. Final rule; technical amendment. ACTION: The Food and Drug Administration (FDA or Agency) is amending certain medical device regulations. This action is editorial in nature to correct typographical errors SUMMARY: PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 13863 and to ensure accuracy and clarity in the Agency’s regulations. DATES: This rule is effective April 2, 2018. FOR FURTHER INFORMATION CONTACT: Karen Fikes, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5244, Silver Spring, MD 20993–0002, 301–796–9603. SUPPLEMENTARY INFORMATION: FDA is amending our regulations in 21 CFR parts 890, 900, 1020, and 1040 to correct typographical errors and to update addresses, office titles, and wording to ensure accuracy and clarity in the Agency’s medical device regulations. FDA is making nonsubstantive changes to the following regulations: 1. FDA is revising § 890.5525(b)(2)(i)(A) by replacing ‘‘Testing using a drug approved for iontophoretic delivery, or a solution, if identified in the labeling, to demonstrate safe use of the device as intended’’ with ‘‘Testing using a drug approved for iontophoretic delivery, or a solution if identified in the labeling, to demonstrate safe use of the device as intended’’. 2. FDA is revising § 900.3(b)(1) by replacing ‘‘Division of Mammography Quality and Radiation Programs (DMQRP), Center for Devices and Radiology Health (HFZ–240), Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850, marked Attn: Mammography Standards Branch’’ with ‘‘Division of Mammography Quality Standards, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4445, Silver Spring, MD 20993, Attn: Program Management Branch’’. 3. FDA is revising § 900.11(b)(2)(i) by replacing ‘‘42 U.S.C. 263b(c)(2)’’ with ‘‘42 U.S.C. 263b(c)(4)’’. 4. FDA is revising § 1020.30(c) by replacing ‘‘Director of the Office of Communication, Education, and Radiation Programs of the Center for Devices and Radiological Health’’ with ‘‘Director, Center for Devices and Radiological Health’’. 5. FDA is revising § 1040.10(a)(3)(i) by replacing ‘‘Food and Drug Administration, Center for Devices and Radiological Health, Director, Office of Compliance, 10903 New Hampshire Ave., Bldg. 66, Rm. 3521, Silver Spring, MD 20993–0002’’ with ‘‘Director, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Silver Spring, MD 20993–0002’’. 6. FDA is revising § 1040.10(f)(6)(ii) by replacing ‘‘Director, Office of E:\FR\FM\02APR1.SGM 02APR1

Agencies

[Federal Register Volume 83, Number 63 (Monday, April 2, 2018)]
[Rules and Regulations]
[Pages 13862-13863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    \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
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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

    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