[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Rules and Regulations]
[Pages 36911-36912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15599]



[[Page 36911]]

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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]
RIN 0960-AF93


Extension of the Expiration Date for Several 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 1, 
2005, the date 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. This extension 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 final rule is effective June 20, 2003.

FOR FURTHER INFORMATION CONTACT: Nancy Torkas, Social Insurance 
Specialist, Office of Disability Programs, 4413 Annex Building, 6401 
Security Boulevard, Baltimore, MD 21235-6401, (410) 965-1744 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 out Internet Web site, Social Security Online http://www.socialsecurity.gov.
    Electronic Version: The electronic file of this document is 
available on the date of publication in the Federal Register on the 
Internet site for the Government Printing Office at http://www.access.gpo.gov/su_docs/aces/aces140.html. It is also available on 
the Internet site for SSA (i.e., Social Security Online) at http://www.socialsecurity.gov/regulations.

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 first use the criteria in part B to 
evaluate impairments of children. If the criteria in part B do not 
apply, then we will apply the medical criteria in part A.
    In this final rule, we are extending until July 1, 2005, the date 
on which several body system listings will no longer be effective, in 
order to allow sufficient time for us to revise them. These body 
systems are:

Growth Impairment (100.00)
Special Senses and Speech (2.00 and 102.00)
Respiratory System (3.00 and 103.00)
Cardiovascular System (4.00 and 104.00)
Digestive System (5.00 and 105.00)
Genito-Urinary System (6.00 and 106.00)
Hemic and Lymphatic System (7.00 and 107.00)
Skin (8.00)
Endocrine System (9.00 and 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)

    As a result of medical advances in disability evaluation and 
treatment, and program experience, we periodically review and update 
the Listings. We are extending the current expiration date for these 
Listings because we will not complete revised listings criteria for 
these body systems by the current expiration date. We are currently in 
the process of revising these body system listings. Since we last 
extended the expiration date of the listings, we have published several 
notices of proposed rulemaking (or advance notices of proposed 
rulemaking) proposing to revise the criteria of the listings in several 
body systems. We intend to publish proposed and final rules for the 
listings in each body system as expeditiously as possible, however, it 
will not be possible to do so by July 2, 2003, the current expiration 
date.
    In final rules published on June 28, 2001 (66 FR 34361), we 
extended to July 2, 2003 the date on which the listings for the 
following body systems would no longer be effective: Growth Impairment; 
Musculoskeletal System; Special Senses and Speech; Cardiovascular 
System; Digestive System; Genito-Urinary System; Hemic and Lymphatic 
System; Skin; Endocrine System; Multiple Body Systems (110.00); 
Neurological; Mental Disorders; Neoplastic Diseases, Malignant; and 
Immune System. On June 28, 2002, we published final rules extending 
until July 2, 2003 the date on which the respiratory body system 
listings will no longer be effective (67 FR 43537). Until we publish 
revised language for each body system listings, the current listings 
remain valid for our program purposes.
    On November 19, 2001, we published revised listings for the 
musculoskeletal body system (1.00 and 101.00) (66 FR 58010). The 
listings for the musculoskeletal body system will no longer be 
effective on February 19, 2009, unless they are extended or revised and 
promulgated again (66 FR at 58037). The expiration date for the 
musculoskeletal body system listings is not affected by this final 
rule. In addition, on June 19, 2000, we published final rules 
establishing a separate listing (Listing 10.06) for evaluating non-
mosaic Down Syndrome in adults, and created a multiple body system 
listing section in the Part A listings. (65 FR 31800). The Part A 
multiple body system listings will no longer be effective on June 19, 
2008 (65 FR at 31802). The expiration date for the listing in this body 
system also is not affected by this final rule.

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 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 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, 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 these body system listings. However, without an extension of the 
expiration dates for these listings, we will lack regulatory criteria 
for assessing impairments in

[[Page 36912]]

these body systems at the third step of our sequential evaluation 
process after the current expiration date 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 final rule effective on the date of 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 (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. Therefore, 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: June 4, 2003.
Jo Anne B. Barnhart,
Commissioner of Social Security.

0
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]

0
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.

0
2. Appendix 1 to subpart P of part 404 is amended by revising items 1, 
3, 4, 5, 6, 7, 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 of Part 404--Listing of Impairments

1. Growth Impairment (100.00): July 1, 2005
* * * * *
3. Special Senses and Speech (2.00 and 102.00): July 1, 2005
4. Respiratory System (3.00 and 103.00): July 1, 2005
5. Cardiovascular System (4.00 and 104.00): July 1, 2005
6. Digestive System (5.00 and 105.00): July 1, 2005
7. Genito-Urinary System (6.00 and 106.00): July 1, 2005
8. Hemic and Lymphatic System (7.00 and 107.00): July 1, 2005
9. Skin (8.00): July 1, 2005
10. Endocrine System (9.00 and 109.00): July 1, 2005
11. Multiple Body Systems (10.00): June 19, 2008 and (110.00): July 
1, 2005
12. Neurological (11.00 and 111.00): July 1, 2005
13. Mental Disorders (12.00 and 112.00): July 1, 2005
14. Neoplastic Diseases, Malignant (13.00 and 113.00): July 1, 2005
15. Immune System (14.00 and 114.00): July 1, 2005
* * * * *
[FR Doc. 03-15599 Filed 6-19-03; 8:45 am]
BILLING CODE 4191-02-P