[Federal Register Volume 65, Number 188 (Wednesday, September 27, 2000)]
[Rules and Regulations]
[Pages 57946-57947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24708]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]
RIN 0960-AF42


Extension of Expiration Date for the Respiratory Body System 
Listings

AGENCY: Social Security Administration (SSA).

ACTION: Final rule.

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SUMMARY: We adjudicate claims at the third step of our 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 until July 2, 
2002, the date on which the respiratory 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. This extension will ensure that we continue to 
have medical evaluation criteria in the listings to adjudicate claims 
for disability based on impairments in the respiratory body system at 
step three of our sequential evaluation process.

EFFECTIVE DATE: This final regulation is effective September 27, 2000.

FOR FURTHER INFORMATION CONTACT: Deborah Barnes, Social Insurance 
Specialist, Office of Disability, Social Security Administration, 3-A-8 
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, or visit the Internet 
site for SSA: http://www.ssa.gov/.

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 children 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 to evaluate 
impairments of children. If those criteria do not apply, then we will 
apply the medical criteria in part A.
    As a result of medical advances in disability evaluation and 
treatment, and program experience, we periodically review and update 
the Listings. When we last published the respiratory body system 
listings on October 7, 1993 (58 FR 52346), we established October 7, 
2000, as the date on which the respiratory body system listings would 
no longer be effective unless they were extended or revised and 
promulgated again.
    In this final rule, we are extending until July 2, 2002, the date 
on which the respiratory body system listings (3.00 and 103.00) will no 
longer be effective. We are extending this date because we do not 
expect to develop revised listings criteria for this body system by the 
current expiration date. However, we are reviewing the respiratory body 
system listings and we plan to publish proposed and final rules over 
the course of the next two years.
    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 
that meets or equals the Listings, we will find that the individual is 
disabled at the third step of the sequential evaluation process.

Regulatory Procedures

Justification For Final Rule

    Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C. 
902(a)(5), we follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 in the development of our 
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 for this rule. 
Good cause exists because this final rule only extends the date on 
which the respiratory body 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, we have determined 
that 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 the respiratory body system listings. However, without an extension 
of the expiration date for the respiratory body system listings, we 
will lack regulatory criteria for assessing respiratory impairments at 
the third step of the sequential evaluation process after the current 
expiration date of the listings. In order to ensure that we continue to 
have regulatory criteria for assessing respiratory 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 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).

[[Page 57947]]

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: September 19, 2000.
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 item 
4 of the introductory text before Part A to read as follows:

Appendix 1 to Subpart P of Part 404--Listing of Impairments

* * * * *
    4. Respiratory System (3.00 and 103.00): July 2, 2002.
* * * * *

[FR Doc. 00-24708 Filed 9-26-00; 8:45 am]
BILLING CODE 4191-02-U