[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Rules and Regulations]
[Pages 67719-67720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31322]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Regs. No. 4]
RIN 0960-AF15
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
disability based on impairments in these body systems at step three of
our sequential evaluation process.
EFFECTIVE DATE: This final regulation is effective December 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
[[Page 67720]]
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 to July 2, 2001. These
body systems are:
Cardiovascular System (4.00 and 104.00).
Digestive System (5.00 and 105.00).
Genito-Urinary System (6.00 and 106.00).
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): Digestive System and Genito-Urinary System.
January 30, 1998 (63 FR 4570): Cardiovascular 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 currently shown in the regulations. 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 (63 FR 31885).
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: November 24, 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.
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 of part 404 is amended by revising items
5, 6, and 7 of the introductory text before Part A to read as follows:
Appendix 1 to Subpart P--Listing of Impairments
* * * * *
5. Cardiovascular System (4.00 and 104.00): July 2, 2001.
6. Digestive System (5.00 and 105.00): July 2, 2001.
7. Genito-Urinary System (6.00 and 106.00): July 2, 2001.
* * * * *
[FR Doc. 99-31322 Filed 12-2-99; 8:45 am]
BILLING CODE 4191-02-P