Rule2026-06454
Incorrect Terminology in Regulatory Text; Technical Amendments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 2, 2026
Effective
May 4, 2026
Issuing agencies
Social Security Administration
Abstract
This final rule makes limited nomenclature changes to the Code of Federal Regulations (CFR) to conform with Executive Order (E.O.) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. This change will remove and replace the term "gender" with the term "sex" in the regulatory text of the Listing of Impairments that we use to evaluate disability claims under titles II and XVI of the Social Security Act (Act).
Full Text
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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Rules and Regulations]
[Pages 16548-16549]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06454]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2025-0420]
RIN 0960-AI99
Incorrect Terminology in Regulatory Text; Technical Amendments
AGENCY: Social Security Administration (SSA).
ACTION: Final rule; technical amendment.
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SUMMARY: This final rule makes limited nomenclature changes to the Code
of Federal Regulations (CFR) to conform with Executive Order (E.O.)
14168, Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government. This change will remove and
replace the term ``gender'' with the term ``sex'' in the regulatory
text of the Listing of Impairments that we use to evaluate disability
claims under titles II and XVI of the Social Security Act (Act).
DATES: This rule is effective May 4, 2026.
FOR FURTHER INFORMATION CONTACT: Michael J. Goldstein, Disability
Policy, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235-6401, telephone: (410) 965-1020.
For more 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 <a href="http://www.ssa.gov">http://www.ssa.gov</a>.
SUPPLEMENTARY INFORMATION:
Discussion of the Rule
This final rule makes minor technical amendments to an appendix in
the CFR. On January 20, 2025, the President issued E.O. 14168,
Defending Women from Gender Ideology Extremism and Restoring Biological
Truth to the Federal Government,\1\ which requires Federal
[[Page 16549]]
agencies to use the term ``sex'' and not ``gender'' in all applicable
agency policies and documents when administering or enforcing sex-based
distinctions. In compliance with this E.O., these technical amendments
replace the term ``gender'' with ``sex'' wherever it appears in the
regulatory text of the Listing of Impairments (listings).\2\ These
technical amendments are limited to changing the term in SSA's
regulations to comply with section 3(c) of the E.O. 14168 and do not
make any substantive changes to the regulations.
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\1\ Available at: <a href="https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal-government/">https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal-government/</a>. Published in
the Federal Register at 90 FR 8615 (Jan. 30, 2025).
\2\ The Listing of Impairments (listings) is found at Appendix 1
to Subpart P of 20 CFR part 404. For each of the major body systems,
the listings describe the impairments that we consider to be severe
enough to prevent an adult from doing any gainful activity,
regardless of age, education, or work experience. For children, the
listings describe impairments that cause marked and severe
functional limitations. 20 CFR 404.1525 and 416.925. The term
``gender'' currently appears in the following listing criteria for
respiratory disorders: 3.02A, 3.02B, 3.02C, 3.03A, 3.04A, 103.02A,
103.02B, and 103.04A. It is also in the introductory text to the
listings for various body systems (specifically, 3.00E3, 3.00F3,
5.00F2, 6.00B2, 100.00C2, 103.00E3, 103.00K2, 104.00C3, 105.00F2,
106.00B2, 106.00C5, and 114.00F7).
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The Administrative Procedure Act (APA)
The APA provides that, when an agency for good cause finds that
notice and comment procedures are impracticable, unnecessary, or
contrary to the public interest, it may issue a final rule without
prior notice and comment.\3\ We have determined that there is good
cause for making this technical amendment without prior notice and
comment because the revisions do not make any substantive changes to
our regulations and will not impact the programs we administer.
Therefore, notice and comment procedures are unnecessary and there is
good cause under the APA for proceeding to a final rule.
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\3\ 5 U.S.C. 553(b)(B).
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Regulatory Procedures
E.O. 12866, as Supplemented by E.O. 13563
We consulted with the Office of Management and Budget (OMB), and
OMB has determined that this rule does not meet the criteria for a
significant regulatory action under section (3)(f) of E.O. 12866, as
supplemented by E.O. 13563, and is not subject to OMB review.
Therefore, OMB has not formally reviewed it.
E.O. 14192
Based upon the criteria in E.O. 14192, and OMB Memorandum M-25-20,
Guidance Implementing Section 3 of Executive Order 14192, Titled
``Unleashing Prosperity Through Deregulation,'' this rule is not an
``E.O. 14192 regulatory action.'' \4\
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\4\ According to M-25-20, ``[a]n `E.O. 14192 regulatory action'
is: (i) A significant regulatory action as defined in Section 3(f)
of E.O. 12866 that has been finalized and that imposes total costs
greater than zero; or (ii) A significant guidance document, broadly
conceived, (e.g., significant interpretive guidance) reviewed by
OIRA under the procedures of E.O. 12866 that has been finalized and
that imposes total costs greater than zero.''
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Anticipated Transfers/Costs to Our Program
Our Actuarial Services anticipates no direct effect on program
costs for the Old-Age, Survivors, and Disability Insurance (OASDI) and
Federal Supplemental Security Income (SSI) programs as a result of the
implementation of this final rule. This final rule makes technical
changes to terminology but does not alter the policies or procedures
that the agency currently follows. Therefore, no changes in OASDI or
SSI program eligibility or benefit payments are expected due to this
action.
Anticipated Administrative Costs/Benefits to the Social Security
Administration
Our Budget Office expects that we will not incur any administrative
costs nor realize any savings from the implementation of the final
rule, as this rule will not change any current agency policies or
procedures.
E.O. 13132
We analyzed this rule in accordance with the principles and
criteria established by E.O. 13132 and determined that the rule will
not have sufficient Federalism implications to warrant preparation of a
Federalism assessment. We also determined that this rule will not
preempt any State law or State regulation or affect the States'
abilities to discharge traditional State governmental functions.
Regulatory Flexibility Act
We certify that this rule will not have a significant economic
impact on a substantial number of small entities because it makes
technical, nomenclature changes only. Therefore, a regulatory
flexibility analysis is not required under the Regulatory Flexibility
Act, as amended.
Paperwork Reduction Act
This final rule makes only limited nomenclature changes to our
regulations that reflect the necessary de minimus changes we already
made to the affected forms at the beginning of 2025 due to E.O. 14168.
Since we previously obtained OMB PRA approval for these language
revisions, this rule does not create any new or affect any existing
collections and, therefore, does not require OMB approval under the
PRA.
(Federal Assistance Listing 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, Reporting and
recordkeeping requirements, Social security.
Mark Steffensen,
General Counsel, Social Security Administration.
For the reasons stated in the preamble, we amend 20 CFR part 404 as
follows:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950-)
Subpart P--Determining Disability and Blindness
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1. The authority citation for subpart P of Part 404 continues to read
as follows:
Authority: 42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i),
421(a) and (h)-(j), 422(c), 423, 425, 902(a)(5), and 1320e-3; 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).
Appendix 1 to Subpart P of Part 404 [Amended]
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2. In Appendix 1 to subpart P of part 404, amend parts A and B by
removing the word ``gender'' wherever it appears, and adding, in its
place, the word ``sex.''
[FR Doc. 2026-06454 Filed 4-1-26; 8:45 am]
BILLING CODE 4191-02-P
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</html>Indexed from Federal Register on April 2, 2026.
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