[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Rules and Regulations]
[Pages 31025-31027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12124]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2008-0024]
RIN 0960-AG81


Extension of the Expiration Date for Several Body Systems 
Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: This final rule extends until July 1, 2010, the date on which 
Listing of Impairments (the listings) for six

[[Page 31026]]

body systems will no longer be effective. We use 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). 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 May 30, 2008.

FOR FURTHER INFORMATION CONTACT: Diane Braunstein, Director, Office of 
Compassionate Allowances and Listings Improvement, 6401 Security 
Boulevard, Baltimore, MD 21235-6401. Call (410) 965-1020 for further 
information about this final rule. 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 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: Part A 
for adults and part B for children. If you are an individual age 18 or 
over, we apply the listings in part A when we assess your claim. If you 
are an individual under age 18, we first use the criteria in part B of 
the listings. 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, 2010, the date 
on which the listings for the following six body systems will no longer 
be effective:

Growth Impairment (100.00)
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)

    As a result of our program experience and medical advances in 
disability evaluation and treatment, 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 1, 2008, the expiration date currently in the Code of Federal 
Regulations. Therefore, we are extending the current expiration date 
for the listings as indicated above.
    In final rules published on June 19, 2007, (72 FR 33662), we 
extended to July 1, 2008, the date on which the following eight body 
systems listings would no longer be effective: Growth Impairment; 
Respiratory System; Digestive System; Hematological Disorders; 
Endocrine System; Neurological; Mental Disorders; and Immune System.
    We have taken significant steps to revise and update each of our 
listings. Since the June 19, 2007, extension of the listings, we have 
published final rules for the Digestive System (5.00 and 105.00, 
published October 19, 2007 (72 FR 59397)) and Immune System Disorders 
(14.00 and 114.00, published March 18, 2008 (73 FR 14570)), a notice of 
proposed rulemaking for malignant neoplastic diseases (13.00 and 113.00 
published April 28, 2008 (73 FR 22871)), and an advanced notice of 
proposed rulemaking for Evaluating Human Immunodeficiency Virus (HIV) 
Infection (published March 18, 2008, (73 FR 14409)).
    Not all listings require effective date extensions at this time. 
The following chart shows several recently updated 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
------------------------------------------------------------------------
Immune System Disorders 14.00     March 18, 2008, 73  June 16, 2016, 73
 and 114.00.                       FR 14570.           FR at 14601.
Digestive System 5.00 and 105.00  October 19, 2007,   October 19, 2012,
                                   72 FR 59398.        72 FR at 59422.
Special Senses and Speech 2.00    November 20, 2006   February 20, 2015,
 and 102.00.                       (visual             71 FR at 67050.
                                   disorders), 71 FR
                                   67037.
Cardiovascular System 4.00 and    January 13, 2006,   January 13, 2011,
 104.00.                           71 FR 2312.         71 FR at 2325.
Multiple Body Systems 10.00 and   August 30, 2005,    October 31, 2013,
 110.00.                           70 FR 51252.        70 FR at 51259.
Genitourinary Impairments 6.00    July 5, 2005, 70    September 6, 2013,
 and 106.00.                       FR 38582.           70 FR at 38590.
Malignant Neoplastic Diseases     November 15, 2004,  December 15, 2009,
 13.00 and 113.00.                 69 FR 67018.        69 FR at 67032.
Skin Disorders 8.00 and 108.00..  June 9, 2004, 69    July 9, 2012, 69
                                   FR 32260.           FR at 32269.
Musculoskeletal System 1.00 and   November 19, 2001,  February 19, 2009,
 101.00.                           66 FR 58010.        66 FR at 58037.
------------------------------------------------------------------------

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 when developing 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

[[Page 31027]]

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.

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 27, 2008.
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, 8, 10, 12, and 13 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, 2010.
* * * * *
    4. Respiratory System (3.00 and 103.00): July 1, 2010.
* * * * *
    8. Hematological Disorders (7.00 and 107.00): July 1, 2010.
* * * * *
    10. Endocrine System (9.00 and 109.00): July 1, 2010.
* * * * *
    12. Neurological (11.00 and 111.00): July 1, 2010.
    13. Mental Disorders (12.00 and 112.00): July 1, 2010.
* * * * *

[FR Doc. E8-12124 Filed 5-29-08; 8:45 am]
BILLING CODE 4191-02-P