Extension of Expiration Dates for Three Body System Listings, 10278-10279 [2020-03243]
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Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations
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Dated: February 10, 2020.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2020–02941 Filed 2–21–20; 8:45 am]
BILLING CODE 3510–33–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2020–0001]
RIN 0960–AI46
Extension of Expiration Dates for
Three Body System Listings
Social Security Administration.
Final rule.
AGENCY:
ACTION:
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).
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:
Listing
Current expiration date
Special Senses and Speech 2.00 and 102.00 .......................................
Hematological Disorders 7.00 and 107.00 ..............................................
Congenital Disorders That Affect Multiple Body Systems 10.00 and
110.00.
April 24, 2020 ................................
May 18, 2020 .................................
April 3, 2020 ..................................
Extended expiration date
June 3, 2022.
June 3, 2022.
June 3, 2022.
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 the 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.
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 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.
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 We last extended the expiration dates of the
Special Senses and Speech and Congenital
Disorders that Affect Multiple Body Systems body
system listings on April 2, 2018 (83 FR 13862) and
we last updated the Hematological Disorders body
system listings on April 17, 2015 (80 FR 21159).
3 See the first sentence of appendix 1 to subpart
P of part 404 of 20 CFR.
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 dates.
Therefore, we are extending the
expiration dates listed above.
Regulatory Procedures
Justification for Final Rule
lotter on DSKBCFDHB2PROD with RULES
We are extending the
expiration dates of the following body
systems in the Listing of Impairments
(listings) in our regulations: Special
Senses and Speech, Hematological
Disorders, 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
February 24, 2020.
FOR FURTHER INFORMATION CONTACT:
Cheryl A. Williams, 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 https://
www.socialsecurity.gov.
SUMMARY:
VerDate Sep<11>2014
16:25 Feb 21, 2020
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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
E:\FR\FM\24FER1.SGM
24FER1
Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations
final rule meets the plain language
requirement of Executive Order 12866.
of the introductory text to read as
follows:
Regulatory Flexibility Act
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
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.
This regulation does not impose novel
costs on the public and as such is
considered an exempt regulatory action
under E.O. 13771.
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 SecurityDisability Insurance; 96.002, Social SecurityRetirement 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.
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:
■
lotter on DSKBCFDHB2PROD with RULES
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8. Hematological Disorders (7.00 and
107.00): June 3, 2022.
*
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11. Congenital Disorders That Affect
Multiple Body Systems (10.00 and 110.00):
June 3, 2022.
*
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[FR Doc. 2020–03243 Filed 2–21–20; 8:45 am]
BILLING CODE 4191–02–P
Paperwork Reduction Act
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, 8, and 11
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16:25 Feb 21, 2020
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Special Senses and Speech (2.00 and
102.00): June 3, 2022.
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Executive Order 13771
VerDate Sep<11>2014
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Jkt 250001
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Part 4003
RIN 1212–AB35
Administrative Review of Agency
Decisions
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
This final rule amends
PBGC’s regulation on Rules for
Administrative Review of Agency
Decisions. It clarifies and changes the
review process for certain agency
determinations and the procedures for
requesting administrative review.
DATES:
Effective Date: This rule is effective
March 25, 2020.
Applicability date: The amendments
subjecting all coverage determinations
to the appeals process under
§ 4003.1(e)(1) of this final rule apply to
initial determinations that are subject to
this part and issued on or after March
25, 2020.
FOR FURTHER INFORMATION CONTACT:
Karen B. Levin (levin.karen@pbgc.gov),
Attorney, Regulatory Affairs Division,
Office of the General Counsel, Pension
Benefit Guaranty Corporation, 1200 K
Street NW, Washington, DC 20005–
4026; 202–229–3559. (TTY users may
call the Federal Relay Service toll-free at
800–877–8339 and ask to be connected
to 202–229–3559.)
SUPPLEMENTARY INFORMATION:
SUMMARY:
Executive Summary
Purpose and Authority
This final rule amends PBGC’s
regulation on rules for administrative
review of agency decisions to clarify,
simplify, and make other editorial
PO 00000
Frm 00011
Fmt 4700
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10279
changes to the language, and codify
PBGC practices.
Legal authority for this action comes
from section 4002(b)(3) of the Employee
Retirement Income Security Act of 1974
(ERISA), which authorizes PBGC to
issue regulations to carry out the
purposes of title IV of ERISA.
Major Provisions
This final rule:
• Subjects all coverage
determinations to appeal.
• Subjects all determinations
concerning the allocation of a trusteed
plan’s assets upon plan termination to
appeal, except for determinations
concerning the distribution of residual
assets, which remain subject to
reconsideration.
• Clarifies that, consistent with
PBGC’s long-standing practice, when
PBGC makes an initial determination
effective on the date of issuance, a
person aggrieved by the initial
determination has no right to request
reconsideration or appeal of the
determination.
• Clarifies where to send requests for
extensions on appeals and extensions
for reconsideration.
• Clarifies that persons seeking
administrative review may request
information in PBGC’s possession by
using PBGC’s procedures for requests
under the Freedom of Information Act
and the Privacy Act.
Background
The Pension Benefit Guaranty
Corporation (PBGC) administers two
insurance programs for private-sector
defined benefit pension plans under
title IV of the Employee Retirement
Income Security Act of 1974 (ERISA): A
single-employer plan termination
insurance program and a multiemployer
plan insolvency insurance program.
This final rule applies only to plans
covered by the single-employer plan
termination insurance program.
PBGC is committed to the ongoing
retrospective review of its regulations.
This practice ensures that PBGC
provides clear and helpful guidance,
minimizes burdens and maximizes
benefits, and addresses ineffective and
outdated rules. In the course of PBGC’s
regulatory review, PBGC identified
opportunities to improve its regulation
on Rules for Administrative Review of
Agency Decisions (29 CFR part 4003) by
making it more transparent, simplifying
language, and codifying policies.
On October 4, 2019 (at 84 FR 53084),
PBGC published a proposed rule to
amend PBGC’s administrative review
regulation. PBGC received no comments
E:\FR\FM\24FER1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 36 (Monday, February 24, 2020)]
[Rules and Regulations]
[Pages 10278-10279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03243]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2020-0001]
RIN 0960-AI46
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:
Special Senses and Speech, Hematological Disorders, 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 February 24, 2020.
FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, 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 https://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 three 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 24, 2020.... June 3, 2022.
and 102.00.
Hematological Disorders 7.00 and May 18, 2020...... June 3, 2022.
107.00.
Congenital Disorders That Affect April 3, 2020..... June 3, 2022.
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 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 dates. Therefore, we are extending the expiration dates
listed above.
---------------------------------------------------------------------------
\2\ We last extended the expiration dates of the Special Senses
and Speech and Congenital Disorders that Affect Multiple Body
Systems body system listings on April 2, 2018 (83 FR 13862) and we
last updated the Hematological Disorders body system listings on
April 17, 2015 (80 FR 21159).
---------------------------------------------------------------------------
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 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.
---------------------------------------------------------------------------
\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 the 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
[[Page 10279]]
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 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.
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.
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, 8,
and 11 of the introductory text to read as follows:
Appendix 1 to Subpart P of Part 404--Listing of Impairments
* * * * *
Special Senses and Speech (2.00 and 102.00): June 3, 2022.
* * * * *
8. Hematological Disorders (7.00 and 107.00): June 3, 2022.
* * * * *
11. Congenital Disorders That Affect Multiple Body Systems
(10.00 and 110.00): June 3, 2022.
* * * * *
[FR Doc. 2020-03243 Filed 2-21-20; 8:45 am]
BILLING CODE 4191-02-P
