[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Rules and Regulations]
[Pages 33662-33664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11752]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2007-0026]
RIN 0960-AG51


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 1, 
2008, the date on which the listings for eight body systems will no 
longer be effective. Other than extending the effective date of the 
listings, 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 involving 
these body systems at the third step of the sequential evaluation 
process.

DATES: This final rule is effective on June 19, 2007.

[[Page 33663]]


FOR FURTHER INFORMATION CONTACT: Jim Julian, Director, Office of 
Medical Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
(410) 965-4015. 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: 

Electronic Version

    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.

Background

    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. Part B contains criteria that apply only to individuals who 
are under age 18. If the criteria in part B do not apply, we may use 
the criteria in part A when those criteria give appropriate 
consideration to the effects of the impairment(s) in children. (See 
Sec. Sec.  404.1525 and 416.925.)

Explanation of Changes

    In this final rule, we are extending until July 1, 2008, the date 
on which the listings for the following eight body systems will no 
longer be effective:

Growth Impairment (100.00).
Respiratory System (3.00 and 103.00).
Digestive System (5.00 and 105.00).
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 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. However, we will not 
be able to publish final rules revising the listings for these body 
systems by July 2, 2007, the current expiration date. Therefore, we are 
extending the current expiration date for the listings as indicated 
above.
    In final rules published on June 16, 2005 (70 FR 35028), we 
extended to July 2, 2007, the date on which the listings for the 
following eight body systems would no longer be effective: Growth 
Impairment; Special Senses and Speech; Respiratory System; 
Hematological Disorders; Endocrine System; Neurological; Mental 
Disorders; and Immune System.
    In final rules published on May 05, 2006 (71 FR 26411), we extended 
to July 2, 2007, the date on which the listings for the Digestive 
System would no longer be effective.
    Not all listings require effective date extensions at this time. 
The following chart shows the listings that do not require effective 
date extensions and are not affected by this final rule.

------------------------------------------------------------------------
                                                        Date no longer
                                                       effective unless
             Listing                    Revised           extended or
                                                          revised and
                                                       promulgated again
------------------------------------------------------------------------
Musculoskeletal System 1.00 and   November 19, 2001,  February 19, 2009,
 101.00.                           66 FR 58010.        66 FR at 58037.
Special Senses and Speech 2.00    November 20, 2006   February 20, 2015,
 and 102.00.                       (visual             71 FR at 67039.
                                   disorders) 71 FR
                                   67037.
Cardiovascular System 4.00 and    January 13, 2006,   January 13, 2011,
 104.00.                           71 FR 2312.         71 FR at 2313.
Genitourinary Impairments 6.00    July 05, 2005, 70   September 06,
 and 106.00.                       FR 38582.           2013, 70 FR at
                                                       38584.
Skin Disorders 8.00 and 108.00..  June 09, 2004, 69   July 09, 2012, 69
                                   FR 32260.           FR at 32262.
Multiple Body Systems 10.00 and   August 30, 2005,    October 31, 2013,
 110.00.                           70 FR 51252.        70 FR at 51254.
Malignant Neoplastic Diseases     November 15, 2004,  December 15, 2009,
 13.00 and 113.00.                 69 FR 67018.        69 FR at 67019.
------------------------------------------------------------------------

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)(3). As explained above, we are not making any substantive 
changes in these body system listings. Without an extension of the 
expiration dates for these listings, we will lack the medical 
evaluation criteria needed for assessing impairments in these body 
systems at the third step of the sequential evaluation process. In 
order to ensure that we continue to have these listings in our rules, 
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. 
Thus, OMB did not review it. We have also determined that this final 
rule meets the plain language requirement of Executive Order 12866, as 
amended.

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.

[[Page 33664]]

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 12, 2007.
Michael J. Astrue,
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; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42 
U.S.C. 902 note).


0
2. Appendix 1 to subpart P of part 404 is amended by revising items 1, 
4, 6, 8, 10, 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 1, 2008.
* * * * *
    4. Respiratory System (3.00 and 103.00): July 1, 2008.
* * * * *
    6. Digestive System (5.00 and 105.00): July 1, 2008.
* * * * *
    8. Hematological Disorders (7.00 and 107.00): July 1, 2008.
* * * * *
    10. Endocrine System (9.00 and 109.00): July 1, 2008.
* * * * *
    12. Neurological (11.00 and 111.00): July 1, 2008.
    13. Mental Disorders (12.00 and 112.00): July 1, 2008.
* * * * *
    15. Immune System (14.00 and 114.00): July 1, 2008.
* * * * *
 [FR Doc. E7-11752 Filed 6-18-07; 8:45 am]
BILLING CODE 4191-02-P