[Federal Register Volume 67, Number 125 (Friday, June 28, 2002)]
[Rules and Regulations]
[Pages 43537-43538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16336]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]
RIN 0960-AF76


Extension of Expiration Date for the Respiratory System Listings

AGENCY: Social Security Administration (SSA).

ACTION: Final rule.

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SUMMARY: We use the criteria in the Listing of Impairments (the 
Listings) to evaluate claims under the Social Security and Supplemental 
Security Income (SSI) programs. This final rule extends until July 2, 
2003, the date on which the respiratory 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 
apply these criteria when you file for benefits based on disability 
under title II and title XVI of the Social Security Act (the Act).

EFFECTIVE DATE: This final regulation is effective June 28, 2002.

FOR FURTHER INFORMATION CONTACT: Jane Deweib, Social Insurance 
Specialist, Office of Disability, Social Security Administration, 3-A-8 
Operations Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
(410) 965-9878 or TTY (410) 966-5609. For information on eligibility or 
filing for benefits, call our national toll-free number, 1-800-772-1213 
or TTY 1-800-325-0778, or visit our Internet web site, Social Security 
Online, at http://www.ssa.gov.
    Electronic Version: The electronic file of this document is 
available on the date of publication in the Federal Register at http://access.gpo.su_docs/aces/aces140.html. It is also available on the 
Internet site for SSA (i.e., Social Security Online) at http:/
www.ssa.gov/regulations.

SUPPLEMENTARY INFORMATION: There are listings for adults (part A) and 
for children (part B). We apply the medical criteria in Part A when we 
assess your claim if you are an adult, i.e., a person age 18 or over. 
If you are a child, we first use the criteria in Part B. If the B 
criteria do not apply, and the specific disease process(es) has a 
similar effect on adults and children, we then use the criteria in Part 
A. (See Secs. 404.1525, 404.1526, 416.925 and 416.926.) We use the 
criteria in the listings only to make favorable findings of disability. 
We never deny a claim or find that disability has ceased because your 
impairment(s) does not meet or medically equal a listing.
    In this final rule, we are extending until July 2, 2003, the date 
on which the respiratory system listings (3.00 and 103.00) will no 
longer be effective to allow sufficient time for us to revise them.
    As a result of medical advances in disability evaluation and 
treatment, and program experience, we should periodically review and 
update the Listings. We are extending the date for the respiratory 
system listings because we will not complete revised listings criteria 
by the current expiration date. We are currently in the process of 
revising the respiratory system listings (3.00 and 103.00) and intend 
to publish proposed and final rules for them in a timely manner, with 
all revisions complete prior to the new extension date.
    We last published final rules revising the respiratory system 
listings in the Federal Register on October 7, 1993 (58 FR 52346), at 
which time we indicated that due to medical advances in disability 
evaluation and treatment and

[[Page 43538]]

program experience we would periodically review and update the 
listings. The current listings for the evaluation of respiratory system 
impairments will no longer be effective on July 2, 2002. Until we 
publish revised language for the respiratory system listings, the 
current listings language remains valid for our program purposes.

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 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, 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 system listings. However, without an extension of 
the expiration dates for these 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 
these listings. In order to ensure that we continue to have regulatory 
criteria for assessing respiratory impairments under these listings, we 
find that it is in the public interest to make this rule effective on 
publication.

Executive Order 12866

    The Office of Management and Budget (OMB) has reviewed this final 
rule in accordance with Executive Order (E.O.) 12866, as amended by 
E.O. 13258. We have also determined that this final rule meets the 
plain language requirement of E.O. 12866 as amended by E.O. 13258.

Regulatory Flexibility Act

    We certify that this final rule will not have a significant 
economic impact on a substantial number of small entities because it 
affects only individuals. Thus, a regulatory flexibility analysis as 
provided in the Regulatory Flexibility Act, as amended, is not 
required.

Paperwork Reduction Act

    This final rule 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 30, 2002.
JoAnne B. Barnhart,
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

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    4. Respiratory System (3.00 and 103.00): July 2, 2003.
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[FR Doc. 02-16336 Filed 6-27-02; 8:45 am]
BILLING CODE 4191-02-P