Extension of Expiration Dates for Three Body System Listings, 10278-10279 [2020-03243]

Download as PDF 10278 Federal Register / Vol. 85, No. 36 / Monday, February 24, 2020 / Rules and Regulations (5) * * * When such items are destined to Russia, license applications will be reviewed under a presumption of denial. However, exports and reexports of items to Russia in support of U.S.-Russia civil space cooperation activities or commercial space launches will be reviewed on a case-by-case basis. * * * * * 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 http:// www.socialsecurity.gov. SUMMARY: VerDate Sep<11>2014 16:25 Feb 21, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 * * * * * * * * 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 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 ■ 16:25 Feb 21, 2020 * Special Senses and Speech (2.00 and 102.00): June 3, 2022. * Executive Order 13771 VerDate Sep<11>2014 * 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 Sfmt 4700 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 24FER1

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]


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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 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 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