Federal Old-Age, Survivors and Disability Insurance; Determining Disability and Blindness; Extension of Expiration Dates for Several Body System Listings

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]

RIN 0960-AF02

Federal Old-Age, Survivors and Disability Insurance; Determining

Disability and Blindness; Extension of Expiration Dates for Several

Body System Listings

AGENCY: Social Security Administration (SSA).

ACTION: Final rule.

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SUMMARY: SSA adjudicates claims at the third step of its 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 the dates 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.

These extensions will ensure that we continue to have medical

evaluation criteria in these listings to adjudicate claims for

[[Page 29787]]

disability based on impairments in these body systems at step three of

our sequential evaluation process.

EFFECTIVE DATE: This final regulation is effective June 3, 1999.

FOR FURTHER INFORMATION CONTACT: Deborah Barnes, Social Insurance

Specialist, Office of Disability, Social Security Administration, 3-A-9

Operations Building, 6401 Security Boulevard, Baltimore, MD 21235-6401,

(410) 965-4171 or TTY (410) 966-5609. For information on eligibility,

claiming benefits, or coverage of earnings, call our national toll-free

number, 1-800-772-1213 or TTY 1-800-325-0778.

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 individuals under age 18 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 use the

criteria in part B first to evaluate impairments of individuals under

age 18. If those criteria do not apply, then the medical criteria in

part A will be used.

When we published revised listings in 1985 and subsequently, we

indicated that medical advances in disability evaluation and treatment

and program experience would require that they be periodically reviewed

and updated. Accordingly, we established dates ranging from 3 to 8

years on which the various body system listings would no longer be

effective unless extended by the Secretary of Health and Human Services

or revised and promulgated again. Effective March 31, 1995, the

authority to issue regulations was transferred to the Commissioner of

Social Security by section 102 of Pub. L. 103-296, the Social Security

Independence and Program Improvements Act of 1994.

In this final rule, we are extending the dates on which several

body system listings will no longer be effective to July 2, 2001. These

body systems are:

Growth Impairment (100.00)

Musculoskeletal System (1.00 and 101.00)

Special Senses and Speech (2.00 and 102.00)

Hemic and Lymphatic System (7.00 and 107.00)

Skin (8.00)

Endocrine System and Obesity (9.00) and Endocrine System (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)

We last extended the dates on which these body system listings

would no longer be effective in final rules published as follows:

June 5, 1997 (62 FR 30746): Musculoskeletal System; Hemic and

Lymphatic System; Skin; Endocrine System; Mental Disorders; and

Neoplastic Diseases, Malignant.

June 4, 1998 (63 FR 30410): Growth Impairment; Special Senses

and Speech; Multiple Body Systems; Neurological; and Immune System.

We believe that the requirements in these listings are still valid

for our program purposes. Specifically, if we find that an individual

has an impairment that meets or is medically equivalent in severity to

an impairment in the Listings or functionally equivalent to the

Listings in SSI claims based on disability filed by individuals under

age 18 and also meets the statutory duration requirement, we will find

that the individual is disabled at the third step of the sequential

evaluation process. We are extending these dates because we do not

expect to develop revised listings criteria for these body systems by

the expiration dates we are revising in this final rule. However, we

are reviewing the listings and we plan to publish proposed and final

rules over the course of the next two years.

Regulatory Procedures

Justification for Final Rule

Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.

902(a)(5), as amended by section 102 of Public Law 103-296, SSA follows

the Administrative Procedure Act (APA) rulemaking procedures specified

in 5 U.S.C. 553 in the development of its 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 in this case. Good cause exists because this regulation 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, 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 guidelines

for assessing impairments in these body systems at the third step of

the sequential evaluation process after the current expiration dates 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 rule effective upon

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. Thus, it was

not subject to OMB review. We have also determined that this final rule

meets the plain language requirement of Executive Order 12866 and the

President's memorandum of June 1, 1998.

Regulatory Flexibility Act

We certify that this final regulation 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 regulation 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, 1999.

Kenneth S. Apfel,

Commissioner of Social Security.

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.

[[Page 29788]]

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE

(1950- )

Subpart P--[Amended]

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.

Appendix 1 to Subpart P of Part 404 [Amended]

2. Appendix 1 to subpart P of part 404 is amended by revising items

1, 2, 3, 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--Listing of Impairments

* * * * *

1. Growth Impairment (100.00): July 2, 2001.

2. Musculoskeletal System (1.00 and 101.00): July 2, 2001.

3. Special Senses and Speech (2.00 and 102.00): July 2, 2001.

* * * * *

8. Hemic and Lymphatic System (7.00 and 107.00): July 2, 2001.

9. Skin (8.00): July 2, 2001.

10. Endocrine System and Obesity (9.00) and Endocrine System

(109.00): July 2, 2001.

11. Multiple Body Systems (110.00): July 2, 2001.

12. Neurological (11.00 and 111.00): July 2, 2001.

13. Mental Disorders (12.00 and 112.00): July 2, 2001.

14. Neoplastic Diseases, Malignant (13.00 and 113.00): July 2, 2001.

15. Immune System (14.00 and 114.00): July 2, 2001.

* * * * *

[FR Doc. 99-14081 Filed 6-2-99; 8:45 am]

BILLING CODE 4190-29-P