[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Rules and Regulations]
[Pages 10661-10663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04123]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Docket No. SSA-2013-0041]
RIN 0960-AH61


Extension of Expiration Dates for Several Body System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: We are extending the expiration dates of the following body 
systems in the Listing of Impairments (listings) in our regulations: 
Growth Impairment, Musculoskeletal System, Respiratory System, 
Cardiovascular System, Digestive System, Skin Disorders, and 
Neurological. We are making no other revisions to these body systems in 
this final rule. This extension will ensure that we continue to have 
the criteria we need to evaluate impairments in the affected body 
systems at step three of the sequential evaluation processes for 
initial claims and continuing disability reviews.

DATES: This final rule is effective on February 26, 2014.

FOR FURTHER INFORMATION CONTACT: Cheryl A. Williams, Director, Office 
of Medical Policy, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
(410) 965-1020. 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:

Background

    We use the listings in appendix 1 to subpart P of part 404 of 20 
CFR 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.\1\ 20 CFR 404.1520(d), 
416.920(d). The listings are in two parts: Part A has listings criteria 
for adults and Part B has listings criteria for children. If you are 
age 18 or over, we apply the listings criteria in part A when we assess 
your impairment or combination of impairments. If you are under age 18,

[[Page 10662]]

we first use the criteria in part B of the listings when we assess your 
impairment(s). 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 your impairment(s). 20 CFR 404.1525(b), 416.925(b).
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    \1\ We also use the listings in the sequential evaluation 
processes we use to determine whether a beneficiary's disability 
continues. See 20 CFR 404.1594, 416.994, and 416.994a.
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Explanation of Changes

    In this final rule, we are extending the dates on which the 
listings for seven body systems will no longer be effective as set out 
in the following chart:

------------------------------------------------------------------------
                                    Current        Extended  expiration
           Listing              expiration date            date
------------------------------------------------------------------------
Growth Impairment 100.00.....  July 1, 2014....  January 30, 2015.
Musculoskeletal System (1.00   July 1, 2014....  July 31, 2015.
 and 101.00).
Respiratory System (3.00 and   April 1, 2014...  January 30, 2015.
 103.00).
Cardiovascular System (4.00    October 1, 2014.  July 31, 2015.
 and 104.00).
Digestive System (5.00 and     April 1, 2014...  January 30, 2015.
 105.00).
Skin Disorders 8.00 and        April 1, 2014...  January 30, 2015.
 108.00.
Neurological 11.00 and 111.00  April 1, 2014...  July 31, 2015.
------------------------------------------------------------------------

    We continue to revise and update all of the listings on a regular 
basis, including those body systems not affected by this final rule.\2\ 
We intend to update the seven listings affected by this final rule as 
quickly as possible, but may not be able to publish final rules 
revising these listings by the current expiration dates. Therefore, we 
are extending the expiration dates listed above.
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    \2\ Since we extended the expiration date of some of these 
listings in June 2012 (77 FR 35264 (2012)), we published final rules 
revising congenital disorders that affect multiple body systems (78 
FR 7659 (2013)), and the revised medical criteria for evaluating 
visual disorders in the special senses and speech body system (78 FR 
18837 (2013)). We also published proposed rules for revised medical 
criteria for evaluating respiratory system disorders (78 FR 7968 
(2013)), revised medical criteria for evaluating genitourinary 
disorders (78 FR 7695 (2013)), revised listings for growth disorders 
and weight loss in children (78 FR 30249 (2013)), revised medical 
criteria for evaluating hematological disorders (78 FR 69324 
(2013)), and revised medical criteria for evaluating cancer (78 FR 
76508 (2013)). We also have published an advance notice of proposed 
rulemaking requesting comments on whether and how we should revise 
the listing criteria for evaluating hearing loss and disturbances of 
labyrinthine-vestibular function in adults and children (78 FR 53700 
(2013)).
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Regulatory Procedures

Justification for Final Rule

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 in promulgating regulations. 
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). 
Generally, the APA requires that an agency provide prior notice and 
opportunity for public comment before issuing a final regulation. The 
APA provides exceptions to the notice-and-comment requirements when an 
agency finds there is good cause for dispensing with such procedures 
because they are impracticable, unnecessary, or contrary to the public 
interest.
    We determined that good cause exists for dispensing with the notice 
and public comment procedures. 5 U.S.C. 553(b)(B). This final rule only 
extends the date on which several body system listings will no longer 
be effective. It makes no substantive changes to our rules. Our current 
regulations \3\ provide that we may extend, revise, or promulgate the 
body system listings again. Therefore, we have determined that 
opportunity for prior comment is unnecessary, and we are issuing this 
regulation as a final rule.
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    \3\ See the first sentence of appendix 1 to 20 CFR part 404, 
subpart P.
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    In addition, for the reasons cited above, we find good cause for 
dispensing with the 30-day delay in the effective date of this final 
rule. 5 U.S.C. 553(d)(3). We are not making any substantive changes to 
the listings in these body systems. Without an extension of the 
expiration dates for these listings, we will not have the criteria we 
need to assess medical impairments in these body systems at step three 
of the sequential evaluation processes. We therefore find it is in the 
public interest to make this final rule effective on the publication 
date.

Executive Order 12866, as Supplemented by Executive Order 13563

    We 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 
supplemented by Executive Order 13563. Therefore, OMB did not review 
it. We also determined that this final rule meets the plain language 
requirement of Executive Order 12866.

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 
is not required under the Regulatory Flexibility Act, as amended.

Paperwork Reduction Act

    This rule does not create any new or affect any existing 
collections, and therefore does not require OMB approval under the 
Paperwork Reduction Act.

(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: February 18, 2014.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
    For the reasons set out in the preamble, we are amending appendix 1 
to subpart P of part 404 of chapter III of title 20 of the Code of 
Federal Regulations 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), 
(i), and (j), 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), (i), and 
(j), 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. Amend appendix 1 to subpart P of part 404 by revising items 1, 2, 4, 
5, 6, 9, and 12 of the introductory text before Part A to read as 
follows:

[[Page 10663]]

Appendix 1 to Subpart P of Part 404--Listing of Impairments

* * * * *
    1. Growth Impairment (100.00): January 30, 2015.
    2. Musculoskeletal System (1.00 and 101.00): July 31, 2015.
* * * * *
    4. Respiratory System (3.00 and 103.00): January 30, 2015.
    5. Cardiovascular System (4.00 and 104.00): July 31, 2015.
    6. Digestive System (5.00 and 105.00): January 30, 2015
* * * * *
    9. Skin Disorders (8.00 and 108.00): January 30, 2015.
* * * * *
    12. Neurological (11.00 and 111.00): July 31, 2015.
* * * * *
[FR Doc. 2014-04123 Filed 2-25-14; 8:45 am]
BILLING CODE 4191-02-P