[Federal Register Volume 70, Number 115 (Thursday, June 16, 2005)]
[Rules and Regulations]
[Pages 35028-35030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11887]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulation No. 4]
RIN 0960-AG27


Extension of the Expiration Date for Several Body System Listings

AGENCY: Social Security Administration (SSA).

ACTION: Final rule.

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SUMMARY: We use the Listing of Impairments (the listings) at the third 
step of the sequential evaluation process when we evaluate your claim 
for benefits based on disability under title II and title XVI of the 
Social Security Act (the Act). This final rule extends until July 3, 
2006, the date on which listings for four body systems will no longer 
be effective and extends until July 2, 2007, the date on which the 
listings for eight body systems will no longer be effective.
    Other than extending the date during which the listings will be 
effective, we have made no revisions to the listings; they remain the 
same as they now appear in the Code of Federal Regulations. This 
extension will ensure that we continue to have the medical evaluation 
criteria in the listings to adjudicate disability claims in these body 
systems at step three of the sequential evaluation process.

DATES: This final rule is effective on June 16, 2005.

ADDRESSES: The electronic file of this document is available on the 
date of publication in the Federal Register at http://www.gpoaccess.gov/fr/index.html. It is also available on the Internet 
site for SSA (i.e., Social Security Online) at http://policy.ssa.gov/pnpublic.nsf/LawsRegs.

FOR FURTHER INFORMATION CONTACT: Robert Augustine, Social Insurance 
Specialist, Office of Regulations , Room 107, Altmeyer Building, 6401 
Security Boulevard, Baltimore, MD 21235-6401, (410) 965-0020 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 site, Social Security Online, at http://www.socialsecurity.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 title II and title XVI programs. The listings are 
in two parts. There are listings for adults (part A) and for children 
(part B). If you are an individual age 18 or over, we apply the 
listings in part A when we assess your claim, and we never use the 
listings in part B. If you are an individual under age 18, we first use 
the criteria in part B of the listings. If the listings in part B 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 20 CFR 
404.1525 and 416.925).
    In this final rule, we are extending until July 3, 2006, the date 
on which the listings for the following four body systems will no 
longer be effective:

Cardiovascular System (4.00 and 104.00)
Digestive System (5.00 and 105.00)
Genito-Urinary System (6.00 and 106.00)
Multiple Body Systems (110.00)

    We are also extending until July 2, 2007, the date on which the 
listings for the following eight body systems will no longer be 
effective:

Growth Impairment (100.00)
Special Senses and Speech (2.00 and 102.00)
Respiratory System (3.00 and 103.00)
Hematological Disorders (7.00 and 107.00)
Endocrine System (9.00 and 109.00)
Neurological (11.00 and 111.00)
Mental Disorders (12.00 and 112.00)
Immune System (14.00 and 114.00)

    As a result of medical advances in disability evaluation and 
treatment, and

[[Page 35029]]

our program experience, we periodically review and update the listings. 
We intend to publish proposed and final rules to update the listings as 
expeditiously as possible, and since we last extended the expiration 
date of the listings, we have published several notices of proposed 
rulemaking (or advance notices of proposed rulemaking). However, we 
will not be able to publish revised listings for these body systems by 
July 1, 2005, the current expiration date. Therefore, we are extending 
the current expiration date for these listings as indicated above.
    In final rules published on June 20, 2003 (68 FR 36911), we 
extended to July 1, 2005, the date on which the listings for the 
following body systems would no longer be effective: Growth Impairment; 
Special Senses and Speech; Respiratory System; 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.
    Not all listings require effective date extensions at this time. 
For example, on June 19, 2000, we published final rules establishing a 
separate listing (Listing 10.06) for evaluating non-mosaic Down 
Syndrome in adults, and we created a multiple body systems listing 
section in the part A listings (10.00) (65 FR 31800). The part A 
multiple body systems listing will no longer be effective on June 19, 
2008, unless it is extended or revised and promulgated again (65 FR at 
31802). The expiration date for the part A multiple body systems 
listing is not affected by this final rule. 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. On June 9, 2004, we published revised 
listings for the skin disorders body system (8.00 and 108.00) (69 FR 
32260). The listings for the skin disorders body system will no longer 
be effective on July 9, 2012, unless they are extended or revised and 
promulgated again (69 FR at 32262). The expiration date for the skin 
disorders body system listings is not affected by this final rule. On 
November 15, 2004, we published revised listings for the malignant 
neoplastic diseases body system (13.00 and 113.00) (69 FR 67018). The 
listings for the malignant neoplastic diseases body system will no 
longer be effective on December 15, 2009, unless they are extended or 
revised and promulgated again (69 FR at 67019). The expiration date for 
the malignant neoplastic diseases body system 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 these body systems 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 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 12866, as amended 
by Executive Order 13258. We have also determined that this final rule 
meets the plain language requirement of Executive Order 12866, as 
amended by Executive Order 13258.

Regulatory Flexibility Act

    We certify that this final rule does not have a significant 
economic impact on a substantial number of small entities because it 
affects only individuals. 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: May 25, 2005.
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, 10, 11, 12, 13, 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 2, 2007.
* * * * *
    3. Special Senses and Speech (2.00 and 102.00): July 2, 2007.
    4. Respiratory System (3.00 and 103.00): July 2, 2007.

[[Page 35030]]

    5. Cardiovascular System (4.00 and 104.00): July 3, 2006.
    6. Digestive System (5.00 and 105.00): July 3, 2006.
    7. Genito-Urinary System (6.00 and 106.00): July 3, 2006.
    8. Hematological Disorders (7.00 and 107.00): July 2, 2007.
* * * * *
    10. Endocrine System (9.00 and 109.00): July 2, 2007.
    11. Multiple Body Systems (10.00): June 19, 2008 and (110.00): 
July 3, 2006.
    12. Neurological (11.00 and 111.00): July 2, 2007.
    13. Mental Disorders (12.00 and 112.00): July 2, 2007.
* * * * *
    15. Immune System (14.00 and 114.00): July 2, 2007.
* * * * *
[FR Doc. 05-11887 Filed 6-15-05; 8:45 am]
BILLING CODE 4191-02-P