[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]



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.



    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.
Cardiovascular System 4.00     October 1, 2014.
 and 104.00.
Digestive System 5.00 and      April 1, 2014.
Hematological Disorders 7.00   January 2, 2014.
 and 107.00.
Skin Disorders 8.00 and        April 1, 2014.
Neurological 11.00 and 111.00  April 1, 2014.
Mental Disorders 12.00 and     January 2, 2014.

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 
    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.

(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), 
(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).

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]