Extension of Expiration Dates for Four Body System Listings, 70728-70729 [2021-26884]

Agencies

• Social Security Administration

[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Rules and Regulations]
[Pages 70728-70729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26884]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2021-0043]
RIN 0960-AI65


Extension of Expiration Dates for Four Body System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are extending the expiration dates of the following body 
systems in the Listing of Impairments (listings) in our regulations: 
Cardiovascular System, Digestive System, Skin Disorders, and Immune 
System 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 December 13, 2021.

FOR FURTHER INFORMATION CONTACT: Michael J. Goldstein, 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).
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    \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.
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Explanation of Changes

    In this final rule, we are extending the dates on which the 
listings for the following four body systems will no longer be 
effective as set out in the following chart:

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          Body system listings              Current expiration date               New expiration date
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Cardiovascular System 4.00 and 104.00...  February 4, 2022...........  February 6, 2026.
Digestive System 5.00 and 105.00........  February 4, 2022...........  February 6, 2026.
Skin Disorders 8.00 and 108.00..........  February 4, 2022...........  February 6, 2026.
Immune System Disorders 14.00 and 114.00  February 4, 2022...........  February 6, 2026.
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    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 four 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.
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    \2\ We last extended the expiration dates of the four body 
system listings affected by this final rule on November 26, 2019 (84 
FR 64993). We published a Noticed of Proposed Rulemaking (NPRM) 
revising the medical criteria for evaluating Digestive Disorders and 
Skin Disorders on July 25, 2019 (84 FR 35936).
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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

[[Page 70729]]

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 four 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.
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    \3\ See the first sentence of appendix 1 to subpart P of part 
404 of 20 CFR.
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    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 four 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

    These rules do 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.

    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]

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 in the introductory text 
by revising items 5, 6, 9, and 15 to read as follows:

Appendix 1 to Subpart P of Part 404--Listing of Impairments

* * * * *
    5. Cardiovascular System (4.00 and 104.00): February 6, 2026.
    6. Digestive System (5.00 and 105.00): February 6, 2026.
* * * * *
    9. Skin Disorders (8.00 and 108.00): February 6, 2026.
* * * * *
    15. Immune System Disorders (14.00 and 114.00): February 6, 
2026.
* * * * *
[FR Doc. 2021-26884 Filed 12-10-21; 8:45 am]
BILLING CODE 4191-02-P