[Federal Register Volume 62, Number 108 (Thursday, June 5, 1997)]
[Rules and Regulations]
[Pages 30746-30747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14613]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]
RIN 0960-AE70


Federal Old-Age, Survivors and Disability Insurance; Determining 
Disability and Blindness; Extension of Expiration Dates for Several 
Body System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: The Social Security Administration (SSA) adjudicates claims at 
the third step of its sequential process for evaluating disability 
using the Listing of Impairments (the listings) under the Social 
Security and supplemental security income (SSI) programs. This rule 
extends the dates on which several body system listings will no longer 
be effective and makes two related nonsubstantive technical changes. We 
have made no revisions to the medical criteria in these listings; they 
remain the same as they now appear in the Code of Federal Regulations. 
These extensions will ensure that we continue to have medical 
evaluation criteria in the listings to adjudicate claims for disability 
based on impairments in these body systems at step three of our 
sequential evaluation process.

EFFECTIVE DATE: This regulation is effective June 5, 1997.

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: We use the listings in Appendix 1 (Listing 
of Impairments) to subpart P of part 404 at the third step of the 
sequential evaluation process to evaluate claims filed by adults and 
individuals under age 18 for benefits based on disability under the 
Social Security and SSI programs. The listings are divided into parts A 
and B. We use the criteria in part A 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, then the 
medical criteria in part A will be used.
    When we published revised listings in 1985 and subsequently, 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 dates ranging from 3 
to 8 years on which the various body system listings would no longer be 
effective unless extended by the Secretary of Health and Human Services 
or revised and promulgated again. Effective March 31, 1995, the 
authority to issue regulations was transferred to the Commissioner of 
Social Security by section 102 of Public Law 103-296, the Social 
Security Independence and Program Improvements Act of 1994.
    In this final rule we are extending the dates on which several body 
system listings will no longer be effective as follows:
    June 7, 1999: Musculoskeletal System (1.00 and 101.00); Hemic and 
Lymphatic System (7.00 and 107.00); Skin (8.00); Endocrine System and 
Obesity (9.00) and Endocrine System (109.00); and Neoplastic Diseases, 
Malignant (13.00 and 113.00).
    August 27, 1999: Mental Disorders (12.00 and 112.00).
    December 6, 1999: Digestive System (5.00 and 105.00) and Genito-
Urinary System (6.00 and 106.00).
    We are making the expiration date for the adult and childhood 
mental disorders listings the same. For several years, the mental 
disorders listings have been the only body system listings to have 
different expiration dates for parts A and B. We are now making this 
body system listing consistent with all the others.
    We last extended the dates on which these body system listings 
would no longer be effective in final rules published as follows:
    December 6, 1993 (58 FR 64121): Digestive System; Genito-Urinary 
System; Skin; and Endocrine System and Obesity and Endocrine System.
    August 23, 1995 (60 FR 43709): Mental Disorders (12.00 only).
    December 6, 1995 (60 FR 62329): Hemic and Lymphatic System; Mental 
Disorders (112.00 only); and Neoplastic Diseases, Malignant.
    June 4, 1996 (61 FR 28046): Musculoskeletal System.
    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 medically or functionally equivalent in severity to an 
impairment in the listings, we will find that the individual is 
disabled at the third step of the sequential evaluation process.
    We also are making two nonsubstantive technical changes in the 
listings. First, we are removing the introductory paragraph at the 
beginning of 12.00 Mental Disorders because it merely repeats, in 
narrative form, the same expiration date information contained in the 
list at the beginning of appendix 1. No other body system listing 
contains such a paragraph.
    Second, in the list of body system listings at the beginning of 
part B of appendix 1, we are correcting the entry for ``112.00 Mental 
and Emotional Disorders'' to ``112.00 Mental

[[Page 30747]]

Disorders.'' The body system listing name was changed in the final rule 
published on December 12, 1990 (55 FR 51208), but the name was not 
corrected in this list.

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 dates on which these body system listings will no longer be 
effective and makes two related nonsubstantive technical changes. 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 these body system listings. However, without an extension of 
the expiration dates for these listings, we will lack regulatory 
guidelines for assessing impairments in these body systems at the third 
step of the sequential evaluation processes after the current 
expiration dates 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 the Regulatory 
Flexibility Act, as amended, 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 29, 1997.
John J. Callahan,
Acting 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)); sec. 211(b), Pub. L. 104-193, 110 
Stat. 2105, 2189.

    2. Appendix 1 to subpart P is amended by removing item 14 of the 
introductory text before part A, renumbering items 15 and 16 as items 
14 and 15, and revising items 2, 6 through 10, 13, and the renumbered 
item 14 to read as follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *
    2. Musculoskeletal System (1.00 and 101.00): June 7, 1999.
* * * * *
    6. Digestive System (5.00 and 105.00): December 6, 1999.
    7. Genito-Urinary System (6.00 and 106.00): December 6, 1999.
    8. Hemic and Lymphatic System (7.00 and 107.00): June 7, 1999.
    9. Skin (8.00): June 7, 1999.
    10. Endocrine System and Obesity (9.00) and Endocrine System 
(109.00): June 7, 1999.
* * * * *
    13. Mental Disorders (12.00 and 112.00): August 27, 1999.
    14. Neoplastic Diseases, Malignant (13.00 and 113.00): June 7, 
1999.
* * * * *
    3. Part A of Appendix 1 to subpart P is amended by removing the 
introductory paragraph of 12.00 Mental Disorders.
    4. Part B of Appendix 1 to subpart P is amended by revising the 
entry for 112.00 in the list at the beginning of part B to read as 
follows:
* * * * *


Sec. 112.00  Mental Disorders

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[FR Doc. 97-14613 Filed 6-4-97; 8:45 am]
BILLING CODE 4190-29-P