[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Rules and Regulations]
[Pages 28046-28047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13882]



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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]
RIN 0960-AE43


Federal Old-Age, Survivors and Disability Insurance; Determining 
Disability and Blindness; Extension of Expiration Date for 
Musculoskeletal System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: The Social Security Administration (SSA) issues listings of 
impairments to evaluate disability and blindness under the Social 
Security and supplemental security income (SSI) programs. This rule 
extends the expiration date for the musculoskeletal system listings. We 
have made no revisions to the medical criteria in the listings; they 
remain the same as they now appear in the Code of Federal Regulations. 
This extension will ensure that we continue to have medical evaluation 
criteria in the listings to adjudicate claims for disability based on 
musculoskeletal system impairments at step three of our sequential 
evaluation process.

EFFECTIVE DATE: This regulation is effective June 4, 1996.

FOR FURTHER INFORMATION CONTACT: Regarding this Federal Register 
document--Richard M. Bresnick, Legal Assistant, Division of Regulations 
and Rulings, Social Security Administration, 6401 Security Boulevard, 
Baltimore, MD 21235, (410) 965-1758; regarding eligibility or filing 
for benefits--our national toll-free number, 1-800-772-1213.

SUPPLEMENTARY INFORMATION: On December 6, 1985, we published revised 
listings, including the musculoskeletal system listings (50 FR 50068), 
in parts A and B of appendix 1 (Listing of Impairments) to subpart P of 
part 404. We use the listings at the third step of the sequential 
evaluation process to evaluate claims filed by adults and children for 
benefits based on disability and blindness under the Social Security 
and SSI programs. The listings describe impairments considered severe 
enough to prevent a person from doing any gainful activity, or, for an 
individual under age 18 applying for SSI benefits based on disability, 
from functioning independently, appropriately, and effectively in an 
age-appropriate manner. We use the criteria in part A mainly to 
evaluate impairments of adults. We use the criteria in part B first to 
evaluate impairments of individuals under age 18. If those criteria do 
not apply, we may use the criteria in part A.
    When we published the revised listings in 1985, we indicated that 
medical advances in disability evaluation and treatment and program 
experience would require that the listings be periodically reviewed and 
updated. Accordingly, we established a date of December 6, 1990, for 
the musculoskeletal system listings in part A, and December 6, 1993, 
for the musculoskeletal system listings in part B, on which the 
listings would no longer be effective unless extended by the Secretary 
of Health and Human Services (the Secretary) or revised and promulgated 
again. Under section 102 of the Social Security Independence and 
Program Improvements Act of 1994, Public Law 103-296, this rulemaking 
authority was transferred from the Secretary to the Commissioner of 
Social Security (the Commissioner).
    Subsequently, we issued a final rule on December 12, 1990 (55 FR 
51100), extending the expiration date of the musculoskeletal system 
listings in part A to June 6, 1992, and again on June 5, 1992 (57 FR 
23946), extending that expiration date to December 6, 1993. Thereafter, 
on December 6, 1993 (58 FR 64121), the expiration date of the 
musculoskeletal system listings in both parts A and B was extended, as 
were the

[[Page 28047]]

expiration dates for several other body system listings. That rule 
provided that the musculoskeletal system listings would no longer be 
effective on June 6, 1996.
    Also, we published a notice of proposed rulemaking (NPRM) on 
December 21, 1993 (58 FR 67574) that included proposed revisions to 
these listings. We will publish any changes to the listings based on 
that NPRM in a subsequent final rule.
    In this final regulation, we are extending for one year, to June 6, 
1997, the date on which the musculoskeletal system listings will no 
longer be effective. We believe that the requirements in these listings 
are still valid for our program purposes. Specifically, if we find that 
an individual has an impairment that meets the statutory duration 
requirement and also meets or is equivalent in severity to an 
impairment in the listings, we will find that the individual is 
disabled without completing the remaining steps of the sequential 
evaluation process. We do not use the listings to find that an 
individual is not disabled. Individuals whose impairments do not meet 
or equal the criteria of the listings receive individualized 
assessments at the subsequent steps of the sequential evaluation 
process.

Regulatory Procedures

    Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C. 
902(a)(5), as amended by section 102 of Public Law 103-296, SSA follows 
the Administrative Procedure Act (APA) rulemaking procedures specified 
in 5 U.S.C. 553 in the development of its regulations. The APA provides 
exceptions to its notice and public comment procedures when an agency 
finds there is good cause for dispensing with such procedures on the 
basis that they are impracticable, unnecessary, or contrary to the 
public interest. We have determined that, under 5 U.S.C. 553(b)(B), 
good cause exists for dispensing with the notice and public comment 
procedures in this case. Good cause exists because this regulation only 
extends the date on which the musculoskeletal system listings will no 
longer be effective. It makes no substantive changes to the listings. 
The current regulations expressly provide that the listings may be 
extended, as well as revised and promulgated again. Therefore, 
opportunity for prior comment is unnecessary, and we are issuing this 
regulation as a final rule.
    In addition, we find good cause for dispensing with the 30-day 
delay in the effective date of a substantive rule, provided for by 5 
U.S.C. 553(d). As explained above, we are not making any substantive 
changes in the listings. However, without an extension of the 
expiration date for the musculoskeletal system listings, we will lack 
regulatory guidelines for assessing musculoskeletal system impairments 
at the third step of the sequential evaluation processes after the 
current expiration date of the listings. In order to ensure that we 
continue to have regulatory criteria for assessing these impairments 
under the listings, we find that it is in the public interest to make 
this rule effective upon publication.

Executive Order 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that this rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866. Thus, it was 
not subject to OMB review.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities. Therefore, a 
regulatory flexibility analysis as provided in Public Law 96-354, the 
Regulatory Flexibility Act, is not required.

Paperwork Reduction Act

    This regulation imposes no reporting/recordkeeping requirements 
necessitating clearance by OMB.

(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.

    Dated: May 20, 1996.
Shirley S. Chater,
Commissioner of Social Security.

    For the reasons set forth in the preamble, part 404, subpart P, 
chapter III of title 20 of the Code of Federal Regulations is amended 
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 (i), 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 (i), 
422(c), 423, 425, and 902(a)(5)).

    2. Appendix 1 to subpart P of part 404 is amended by revising item 
2 of the introductory text before part A to read as follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *
    2. Musculoskeletal System (1.00 and 101.00): June 6, 1997.
* * * * *
[FR Doc. 96-13882 Filed 6-3-96; 8:45 am]
BILLING CODE 4190-29-P