[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Rules and Regulations]
[Pages 35264-35266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14407]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2012-0024]
RIN 0960-AH49
Extension of Expiration Dates for Several Body System Listings
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
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, Hematological Disorders, Skin
Disorders, Neurological, and Mental Disorders. We are making no other
revisions to these body system listings 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 June 13, 2012.
FOR FURTHER INFORMATION CONTACT: Cheryl Williams, Director, Office of
Medical Listings Improvement, 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 (adults) and Part B
(children). If you are age 18 or over, we apply the listings in part A
when we assess your claim. If you are 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. 20 CFR 404.1525(b), 416.925(b).
---------------------------------------------------------------------------
\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 .
---------------------------------------------------------------------------
Explanation of Changes
In this final rule, we are extending the dates on which the
listings for nine body systems will no longer be effective. The current
expiration dates for these listing are provided in the following chart:
[[Page 35265]]
------------------------------------------------------------------------
Date no longer effective unless extended
Listing or revised and promulgated again
------------------------------------------------------------------------
Growth Impairment 100.00..... July 1, 2014.
Musculoskeletal System 1.00 July 1, 2014.
and 101.00.
Respiratory System 3.00 and April 1, 2014.
103.00.
Cardiovascular System 4.00 October 1, 2014.
and 104.00.
Digestive System 5.00 and April 1, 2014.
105.00.
Hematological Disorders 7.00 January 2, 2014.
and 107.00.
Skin Disorders 8.00 and April 1, 2014.
108.00.
Neurological 11.00 and 111.00 April 1, 2014.
Mental Disorders 12.00 and January 2, 2014.
112.00.
------------------------------------------------------------------------
We continue to revise and update the listings on a regular basis.\2\ We
intend to update the nine listings affected by this 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 as listed above.
---------------------------------------------------------------------------
\2\ Since we last extended the expiration date of some of the
listings in June 2010 (75 FR 33166 (2010)), we have published final
rules revising the endocrine body system (76 FR 19692 (2011)) ; and
proposed rules for the multiple body system (76 FR 66006 (2011)) and
the vision listings in the special senses and speech body system (77
FR 7549 (2012)).
---------------------------------------------------------------------------
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 the expiration dates, or
revise and 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.
---------------------------------------------------------------------------
\3\ See the first sentence of appendix 1 to subpart P of part
404 of 20 CFR.
---------------------------------------------------------------------------
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 in
these body system listings. 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 requirements 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.
Michael J. Astrue,
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, 8, 9, 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, 2014.
2. Musculoskeletal System (1.00 and 101.00): July 1, 2014.
* * * * *
4. Respiratory System (3.00 and 103.00): April 1, 2014.
5. Cardiovascular System (4.00 and 104.00): October 1, 2014.
6. Digestive System (5.00 and 105.00): April 1, 2014.
* * * * *
8. Hematological Disorders (7.00 and 107.00): January 2, 2014.
9. Skin Disorders (8.00 and 108.00): April 1, 2014.
* * * * *
12. Neurological (11.00 and 111.00): April 1, 2014.
[[Page 35266]]
13. Mental Disorders (12.00 and 112.00): January 2, 2014.
* * * * *
[FR Doc. 2012-14407 Filed 6-12-12; 8:45 am]
BILLING CODE 4191-02-P