[Federal Register Volume 64, Number 106 (Thursday, June 3, 1999)]
[Rules and Regulations]
[Pages 29786-29788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14081]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]
RIN 0960-AF02


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

AGENCY: Social Security Administration (SSA).

ACTION: Final rule.

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SUMMARY: SSA adjudicates claims at the third step of its sequential 
evaluation process for evaluating disability using the Listing of 
Impairments (the Listings) under the Social Security and supplemental 
security income (SSI) programs. This final rule extends the dates on 
which several body system listings will no longer be effective. 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 these listings to adjudicate claims for

[[Page 29787]]

disability based on impairments in these body systems at step three of 
our sequential evaluation process.

EFFECTIVE DATE: This final regulation is effective June 3, 1999.

FOR FURTHER INFORMATION CONTACT: Deborah Barnes, Social Insurance 
Specialist, Office of Disability, Social Security Administration, 3-A-9 
Operations Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
(410) 965-4171 or TTY (410) 966-5609. For information on eligibility, 
claiming benefits, or coverage of earnings, call our national toll-free 
number, 1-800-772-1213 or TTY 1-800-325-0778.

SUPPLEMENTARY INFORMATION: We use the Listings in appendix 1 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 the 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 they 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 Pub. L. 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 to July 2, 2001. These 
body systems are:

Growth Impairment (100.00)
Musculoskeletal System (1.00 and 101.00)
Special Senses and Speech (2.00 and 102.00)
Hemic and Lymphatic System (7.00 and 107.00)
Skin (8.00)
Endocrine System and Obesity (9.00) and Endocrine System (109.00)
Multiple Body Systems (110.00)
Neurological (11.00 and 111.00)
Mental Disorders (12.00 and 112.00)
Neoplastic Diseases, Malignant (13.00 and 113.00)
Immune System (14.00 and 114.00)

    We last extended the dates on which these body system listings 
would no longer be effective in final rules published as follows:

    June 5, 1997 (62 FR 30746): Musculoskeletal System; Hemic and 
Lymphatic System; Skin; Endocrine System; Mental Disorders; and 
Neoplastic Diseases, Malignant.
    June 4, 1998 (63 FR 30410): Growth Impairment; Special Senses 
and Speech; Multiple Body Systems; Neurological; and Immune 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 or is medically equivalent in severity to 
an impairment in the Listings or functionally equivalent to the 
Listings in SSI claims based on disability filed by individuals under 
age 18 and also meets the statutory duration requirement, we will find 
that the individual is disabled at the third step of the sequential 
evaluation process. We are extending these dates because we do not 
expect to develop revised listings criteria for these body systems by 
the expiration dates we are revising in this final rule. However, we 
are reviewing the listings and we plan to publish proposed and final 
rules over the course of the next two years.

Regulatory Procedures

Justification for Final Rule

    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 these body system listings will no longer be 
effective. It makes no substantive changes to those listings. The 
current regulations expressly provide that 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 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 process after the current expiration dates of 
these listings. In order to ensure that we continue to have regulatory 
criteria for assessing impairments under these 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 final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866. Thus, it was 
not subject to OMB review. We have also determined that this final rule 
meets the plain language requirement of Executive Order 12866 and the 
President's memorandum of June 1, 1998.

Regulatory Flexibility Act

    We certify that this final 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 final 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 27, 1999.
Kenneth S. Apfel,
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.

[[Page 29788]]

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.

Appendix 1 to Subpart P of Part 404 [Amended]

    2. Appendix 1 to subpart P of part 404 is amended by revising items 
1, 2, 3, 8, 9, 10, 11, 12, 13, 14, and 15 of the introductory text 
before Part A to read as follows:

Appendix 1 to Subpart P--Listing of Impairments

* * * * *
1. Growth Impairment (100.00): July 2, 2001.
2. Musculoskeletal System (1.00 and 101.00): July 2, 2001.
3. Special Senses and Speech (2.00 and 102.00): July 2, 2001.
* * * * *
8. Hemic and Lymphatic System (7.00 and 107.00): July 2, 2001.
9. Skin (8.00): July 2, 2001.
10. Endocrine System and Obesity (9.00) and Endocrine System 
(109.00): July 2, 2001.
11. Multiple Body Systems (110.00): July 2, 2001.
12. Neurological (11.00 and 111.00): July 2, 2001.
13. Mental Disorders (12.00 and 112.00): July 2, 2001.
14. Neoplastic Diseases, Malignant (13.00 and 113.00): July 2, 2001.
15. Immune System (14.00 and 114.00): July 2, 2001.
* * * * *
[FR Doc. 99-14081 Filed 6-2-99; 8:45 am]
BILLING CODE 4190-29-P